ISLAMABAD - The Chief Justice Islamabad High Court (IHC) Wednesday ordered to quash all the cases registered against Pakistan Tehrik-e-Insaf (PTI) and Pakistan Awami Tehrik (PAT) workers under section 188 for violating the section 144.
During the hearing in this matter, Chief Justice Muhammad Anwar Khan Kasi observed that the police could not register cases without permission of the area magistrate. The CJ further observed that police were not authorised to arrest the people without the permission of magistrate and the courts will not allow any unconstitutional step in the country.
Earlier Islamabad police arrested hundreds of PTI and PAT workers under section 188 for violating section 144. Later, the IHC chief justice through an interim order on September 13, 2014 had directed the government to release all the protesters arrested under section 188 ‘for disobedience to order duly promulgated by public servants’ against Rs 10,000 surety bonds each.
On Wednesday, the counsel for PTI Niazullah Niazi Advocate contended before the court that under section 195(1) (a) workers had been arrested wrongfully as under the said clause only concerned magistrate could order for the arrest. The counsel for police could not produce orders of concerned magistrate for procuring the arrest of PTI and PAT workers.
The counsel for PAT maintained before the court that section 144 could not be invoked for the gathering of political and religious processions. After issuing the abovementioned orders, the IHC bench disposed of
the matter.