ISLAMABAD-Justice Saqib Nisar has remarked government should remove the containers and demonstrators should vacate Constitution Avenue. The rights of others should not be breached for the sake of one’s own rights.
Justice Jawwad S Khawaja has remarked, “We five judges can not remove the people from Constitution Avenue. This is job of the administration. Where is the government and why it is not performing its duties?
A 5-member larger bench of Supreme Court (SC) presided over by Chief Justice of Pakistan (CJP) Nasir ul Mulk took up for hearing extra constitutional measures case Friday.
Pakistan Tehreek-e-Insaf (PTI) and Pakistan Awami Tehreek (PAT) filed their replies.
The reply was filed by Hamid Khan Advocate on behalf of Imran Khan. They took plea in the reply that PTI believes in supremacy of constitution and rule of law. Its workers will neither enter into any government building nor will they cause any damage to these buildings. PTI assures that no such step will be taken by it which creates any possibility leading to ultra constitutional move. PTI will abide by set principles. All the workers are and will remain peaceful. Imran Khan believes in the rule of law. Staging protests is the right of every citizen and these sit-ins can be staged under articles 4,9,15 and 16 of the constitution. The containers are creating hurdles in the movement of citizens, therefore, these be removed. Supply of food items to the citizens is not being allowed. Government is deliberately creating environment of harassment and panic. The citizens should not be deprived of their fundamental rights.
Barrister Ali Zafar advocate filed reply from the side of PAT wherein PAT has challenged jurisdiction of the court pleading that court does not have the power to interfere in political affairs.
Barrister Ali Zafar said in the reply that PAT is a peaceful party. It has come on the roads for the sake of justice. Whatever hindrances are there they are from government. Sit-ins are a political matter rather than legal matter. PAT did not attack upon SC like PML-N. Law allows staging sit-ins.
Justice Saqib Nisar remarked that people are facing difficulties. Doubtlessly protest is your constitutional right. Go on staging sit-ins for a longer period by shifting to some other venue and we have no objection over it.
Justice Jawwad S Khawaja remarked that court door opens to Constitution Avenue and that they had to come here from an alternative door.
The counsels for the petitioners prayed the court to issue orders for terminating sit-ins on Constitution Avenue.
Justice Jawad S Khawaja said, “you want we five judges go and remove the protestors from Constitution Avenue. Clearing Constitution Avenue from the demonstrators is job of administration.”
Ahsan ud Din advocate said, “Harsh speeches are being delivered and the situation can further worsen due to these speeches.”
Justice Saqib Nisar remarked “ we cannot stop any one from making speeches.
Justice Jawwad S Khawaja directed the petitioners to file record of speeches in the court.
CJP observed, “We are now summoning written reply and afterwards we will issue any order.”
Ahsan ud Din Sheikh said that court had issued order earlier with regard to matter of emergency on the application of Barrister Aitzaz Ahsan.
CJP remarked, “No such order was issued on the application of Barrister Aitzaz Ahsan. Court had issued order after enforcement of emergency.”
Justice Jawwad S Khawaja observed that it is the responsibility of the administration to act as per law.
CJP remarked, “No additional document is needed as yet. He directed PAT to file detailed para-wise reply to the objections raised by the petitioners.”
The hearing of the case was adjourned till August, 25.