LHC orders PAT-led protest to end by midnight

LAHORE: A full bench of the Lahore High Court provisionally granted permission to hold Wednesday’s PAT-led sit-in and protest on The Mall, but ordered the participants to wrap up the show by midnight.

A three member bench headed by Justice Aminuddin Khan also directed the Pakistan Electronic Media Regulatory Authority (Pemra) to ensure end of media coverage of the protest after the 12 am deadline.

The court, hearing petitions against the rally, directed the Punjab government to ensure smooth running of traffic on roads as well as opening of educational institutions, shops, business places and offices from Thursday (today).

During the marathon proceedings, a member of the bench, Justice Shahid Karim, expressed serious concerns over the problems faced by the citizens, especially hospital-going patients, students and traders. He also pointed out the difficulties the judges confronted while reaching the high court.

Responding to a query, Punjab Advocate General Shakilur Rehman informed the court that the provincial government issued a policy in 2011 in line with high court’s decision and declared the Mall Road as red zone, under which Nasser Bagh and Attique Stadium were allocated for holding protests.

However, Justice Karim noted that the government’s policy had no legal cushion whereas fundamental right of lawful assembly was involved in the instant matter and the same could not be overlooked. He regretted that government showed no seriousness in enforcing its own law and policy.

The bench also showed annoyance over ambiguous language of the notification issued by the deputy commissioner on the request of the opposition parties seeking permission to hold sit-in. It observed that the government had not declined permission to hold protest and allowed the same vaguely, as the opposition parties were not stopped from making arrangements. It showed the government was willing to allowed protesters to hold rally on the Mall Road, the court remarked.

The bench sought written explanation from the deputy commissioner as to whether his indirect permission to hold protest on the Mall Road was not a violation of a 2011 judgment passed by the high court and also the provisions of the Punjab Civil Administration Act, 2017. Representing the other petitioner, AK Dogar contented that staging protests against a lawfully elected government was not only unconstitutional but also a violation of Section 124-A (sedition) of Pakistan Penal Code (PPC).

He said the protest would lead the country towards anarchy and paralyse the system, causing a huge financial loss to the people and the country. Dogar asked the court to declare the sit-in an act of being disloyal to the state and a violation of fundamental rights enjoyed by other peaceful citizens of the country. However, the bench did not pass any stay order and issued notices to the respondents.

The Mall Road Traders Association through its counsel argued before the court that the provincial government had banned holding protests, rallies and sit-in on the Mall Road on the direction of the high court. He pointed out that the government under a legislation allocated Nasser Bagh for such activities, however, the ban had never been implemented in letter and spirit by the government.

He said business activities had severely been hampered due to protests on the Mall Road since the area was a commercial hub of the city. He asked the bench to restrain the opposition parties from holding the dharna on Mall Road. Later, the bench adjourned further hearing till January 31.