IHC dismisses PTI plea against imposition of Section 144 in federal capital

ISLAMABAD     -    The Islamabad High Court (IHC) Monday turned down Pakistan Tehrik-e-Insaf (PTI) petition challenging the imposition of Section 144 in the federal capital. A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of the petition moved by PTI leaders Asad Umar and Ali Nawaz Awan through their counsel Babar Awan Advocate and assailed vires of the Section 144 of the Code of Criminal Procedure, 1898. In the petition, the petitioners contended that Section 144 was a “reflection of colonial legacy” and should be declared ultra vires to the Constitution and fundamental rights guaranteed under it. He further prayed that issuance of notifications under garb of provisions of Section 144 of the Code of Criminal Procedure, 1898, imposing continuous restrictions of more than two months be declared void, illegal and unlawful against the express provisions of Article 4, 8, 10-A, 15, 16 and 17 of the Constitution.” The IHC bench mentioned its verdict that admittedly, the petitioners have not alleged any act of a public functionary that would tantamount to exercise powers under Section 144 of CrPC in violation of the fundamental rights. It added, “Mere imposition of Section 144 CrPC sans an illegal act or excessive use of powers by public functionaries does not in any manner violate the fundamental rights guaranteed under the Constitution. No political party or group of persons can claim a right to hold rallies, protests or other assemblies in disregard to the principles and law highlighted by the apex court in the aforementioned judgment.”

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