ISLAMABAD - The Supreme Court on Monday suspended Balochistan High Court order about imposing complete ban on the strikes and protests by all government employees including doctors and teachers .
BHC’s two-judge bench, comprising Chief Justice Muhammad Noor Maskanzai and Justice Muhammad Hashim Kakar, while hearing a constitutional petition filed by the All Government Teachers’ Association on November 9, 2015 ordered that no government employee, especially teachers and doctors, could observe a strike or stage protest.
The order further said legal action would be taken by the department concerned against those who violated this order. The head of the institution will also face a legal action if any violation of the order is committed, the court said.
The high court said that the strikes of teachers and doctors directly affect the masses and people have to face difficulties during strikes because of the blocking of roads. It said that no strike or protest should be observed in private schools and hospitals. The BHC also said if any employee faced any problem then he should adopt a legal way and approach the courts.
Later, Asma Jahangir on behalf of All Government Teachers’ Association challenged the BHC order in the apex court.
The three-judge bench, headed by Justice Gulzar Ahmad, took up the teachers association’s appeal against the ban on strike and protest.
Asma contended that peaceful protest is the fundamental right of every person including government servants, adding that teachers had held peaceful protests. She also stated that the high court has violated its jurisdiction by passing such order.
The learned counsel further informed the court that in its order, the learned High Court had also ruled that if chief secretary failed to take action against the protestors then he would be proceeded against.
Agreeing with the contentions of the counsel, the bench has suspended the BHC order and issued notices to all the respondents.
The hearing of the case is adjourned for indefinite period.