IHC asks govt to decide on JUI-F’s protest request

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday ordered the local administration to take a decision on Jamiat Ulema-e-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman’s request for holding the “Azadi march” in the capital in accordance with the law and observed that peaceful citizens could not be deprived of their right to protest.

IHC Chief Justice Athar Minallah conducted hearing on two identical petitions filed by Hafiz Ahtisham and Hanif Rahi Advocate against the JUI-F’s protest march. During the course of proceeding, the bench remarked that it was a matter related to administration and observed that peaceful citizens could not be deprived of their right to protest, but the state may in certain circumstances restrain a person from exercising this right.

“The state only in extraordinary and exceptional circumstances can restrain a person from exercising his or her right to protest on the ground of national security,” the court observed in its order.

The chief justice recalled that earlier in 2014, when the Pakistan Tehreek-e-Insaf (PTI) was not being granted permission to hold a protest in the capital, the same court had allowed the party to exercise this right.

Disposing of the petitions, the court observed that it was the state’s responsibility to ensure the rights of all citizens. In its four-page order, the IHC said holding peaceful protest was a constitutional right and that protesters must not violate the rights of other citizens.

It said some conditions and restrictions could be imposed in order to regulate the peaceful protesters. The administration “may impose restrictions regarding route or venue or impose any other condition having regard to maintaining public order and protecting the rights of other citizens,” the court wrote in its judgment.

It added that the organisers and participants of the protest had the obligation to remain peaceful, unarmed, and to comply with the law. The bench then disposed of the petitions.