ISLAMABAD  - Pakistan Awami Tehreek in its reply to the Supreme Court notice took a position that the apex court has no jurisdiction to pass any order in respect of the demonstrations and requested to kindly keep out of this sensitive situation.
A five-member bench of the Supreme Court hearing SCBA and other Bars' petition Friday directed Barrister Ali Zafar, who appeared on behalf of the PAT, to submit reply by today.
According to the PAT preliminary submissions, the Supreme Court, like any other court, must act in accordance with the Constitution, which does not allow the court to take over the role of executive in monitoring, allowing, curtailing or stopping political demonstrations. It requested the Court to discharge the notice in view of the sentiments and valid demands of PAT workers.
It said that the government may not use the orders of the apex court to get any legitimacy to take any action against peaceful demonstration. "People come to Courts to fight against the violation of fundamental rights by the government and not to ask the Court to curtail people's rights." The reply says that almost all fundamental rights 'we enjoy today were obtained after generations of people in the world before us engaged in "sustained protests" in the streets. It states whenever in the world any attempt is made by governments to curtail this inalienable right, independent and free courts have upheld and protected it.
The matter is between the two political entities, Dr Tahir-ul-Qadri along with leaders of other parties and hundred and thousands of sacrificing citizens of Pakistan on the one side, and government and its allies on the other side.  The issue is purely political and not legal, therefore, any entry by the judiciary in this political arena at this stage could result in more damage than good.
If the government decides to use force to quell a demonstration then it will be the decision of the executive and all consequences, legal and political, as a result will be for the government to face.
The government cannot "pass the buck" and ask the Court to take its responsibility.
The court have no role to play in solving political issues or ordering the demonstrations, marches, sit ins, protests etc to stop or control or monitor the same. The court can also not assist the government in any political settlements, dialogues, negotiations or talks regarding the demands.
The PAT is exercising the right to assembly as the earlier movements like the movement for restoration of judges. In fact during this movement demonstrations, protests, marches, sit-ins, rallies, etc. were held right in front of the Supreme Court of Pakistan which also turned violent and many people were injured and some even lost their lives in Karachi. Demonstrations etc. were held in front of the Parliament and on the streets of most cities in Pakistan as well as within the precincts of Lahore High Court, Lahore in which judges of the superior courts including Chief Justice of Pakistan Iftikhar Muhammad Chaudhry were involved.
Accolades and praises have been showered upon these demonstrators in the judgments of the Supreme Court of Pakistan on the ground that it was by virtue of these demonstrations that eventually judges was restored.
PAT too is currently engaged in exercising the same right of lawful assembly for the protection of the lawful and legitimate rights of the people of Pakistan.