ISLAMABAD - The Islamabad High Court (IHC) Wednesday set aside the Chief Commissioner Islamabad’s order to revoke the No Objection Certificate (NOC), granted to the Pakistan Tehreek-e-Insaf (PTI) for holding a rally.
A single bench of IHC comprising Chief Justice of IHC Justice Aamer Farooq issued the judgment in a petition of the PTI through its president Islamabad chapter Aamer Masood Mughal.
Mughal moved the court through his counsel Shoaib Shaheen Advocate and challenged the order dated 05.07.2024 passed by respondent No.2 (Chief Commissioner Islamabad) whereby No Objection Certificate (NOC), granted to the petitioner for holding a rally in Islamabad Capital Territory (ICT), was revoked. Counsel for the petitioner contended that in the similar facts and circumstances, this court vide order dated 27.03.2024 in case titled Pakistan Tehreek-e-Insaaf through Aamer Masood Mughal (President, Islamabad Region) Vs. Federation of Pakistan etc. (W.P. No.1026-2024), allowed the petition and set aside decision taken by the Deputy Commissioner.
It was further contended that at present, the facts and circumstances, are quite similar, hence the order impugned merits same treatment. The counsel further contended that the reason cited for revocation of NOC is law and order situation and the security, but nothing cogent was shared with the petitioner to the effect.
Advocate General, ICT submitted that respondents are willing to allow the petitioner to hold the rally after ‘Chehlum’ of Hazrat Imam Hussain due to security concerns and law and order situation. The bench observed in its written order that the petitioner is a political party and is interested to hold rally in ICT and is aggrieved of revocation of NOC by respondent No.2 through the impugned order.
It added that the reason cited in the impugned order for revocation of NOC is law and order situation due to the month of Moharram, however,
“it is pertinent to observe that no prior intimation was made to the petitioner or any of its office bearers before revocation of NOC.”
The IHC bench continued that this court already has dealt with the similar question in somewhat similar circumstances vide order dated 27.03.2024 in case titled Pakistan Tehreek-e-Insaaf through Aamer Masood Mughal (President, Islamabad Region) Vs. Federation of Pakistan etc.
It concluded, “In view of referred position of law and facts, the impugned order dated 05.07.2024 is set aside. Since the date of NOC for holding the rally has passed, application for grant of NOC by the petitioner shall be deemed to be pending and decided in accordance with the observations made here in above and the relevant law.”
