ISLAMABAD - Asking the Supreme Court to stay away from the present impasse, Pakistan Awami Tehreek (PAT) has said it wants the apex court issue direction to the federal government to fulfill their demands.

In a concise statement filed on Thursday through Dr Tahirul Qadri, the PAT asked the court not to involve in the political issue but prayed; "The petition kindly be dismissed with the declaration, if at all, that the federal government should settle the demands of the demonstrators."

Shafqat Ali Bhatti, President Rawalpindi District Bar Association, has filed a petition praying that the apex court summon all the political parties and direct them to resolve the present deadlock within the parameters of the Constitution.

The PAT says the petitions are not maintainable as under the Constitution no such role is prescribed or conferred upon the Supreme Court under Article 184(3) to resolve political matters.

It maintained that jurisdiction under Article 184(3) arises if there is a question of public importance and the enforcement of fundamental right, but this is not the case in the present situation. "If at all this matter can and should be examined by the court, then it must see that grievances of the people, whose near and dear ones were killed in the Model Town incident, were addressed by the government. Therefore, they were holding sit-ins on Red Zone. According to reports, 14 people were killed and 85 injured in that incident.

The PAT statement said it has been carrying out peaceful dharna, in exercise of their fundamental rights under the Constitution. Dharna has a long history interconnected with the Independence of the British India. "Even the Imperial Government did not attempt to alienate limits on Dharna nor did they go to Court for this purpose because they treated it to be peoples right."

It submitted that while examining the matter under Article 184(3), any directions to define and control dharnas generally may not give an unlimited and absolute authority to all the governments in future to suppress all dissents and counter opinions ruthlessly which could do more harm and good for the cause of democracy.

If any direction is needed it should be that the federal government should go on the negotiating table with an open mind and bring all issues for discussion so that some solution can be found out. The government can solve this impasse without intervention of the Court by taking a logical and just decision.

Any declaration regarding the scope or legality of dharna or any direction in this behalf by the Court may not only affect the right of the PAT but also of any future political protest and hence judicial restraint should be exercised by this Court. "What action the Government would like to take in case of failure of the negotiation, be better left to the Government which has the responsibility to deal with the problem."

The government should shoulder the responsibility of its own action rather than pass on the responsibility to other institutions. The government asked the Chief of Army Staff General Raheel Sharif to facilitate a solution, which the PAT welcomed, but unfortunately the debate whether it is "facilitation", "mediation" or "arbitration" spoiled the solution.

The Parliament should have formulated their solution to solve the impasse rather than to jump into the same bandwagon of the government.

Regarding the question whether the Court can examine the validity of the election, it submitted that it would be in conflict with the Constitutional provisions, which have ensured that the responsibility of this very sensitive and important matter is only and only on the Election Commission. The Election Commission under the Constitution is responsible to see if the election has not been "stolen" and "rigged", which is the plea of PAT and PTI and the hundreds of other individuals who have assembled asking for justice for the last so many days.

A five-member bench would resume hearing of the case today.