A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah issued the directions while hearing the PTI petition filed through its Additional General Secretary Amir Mehmood Kiani against the government’s alleged actions to harass its workers to stop the party’s long march.
The same bench also restrained the police and Federal Investigation Agency (FIA) from arresting Sheikh Rashid Ahmed head of Awami Muslim League (AML) and directed him to appear before the court on Wednesday (today).
In the matter related to PTI workers and leaders, the IHC bench issued notices to the Inspector General of Police, Chief Commissioner and Deputy Commissioner, Islamabad Capital Territory and directed them to ensure that application filed by PTI is processed inter alia, having regard to the principles and law laid down by the august Supreme Court in the aforementioned judgment.
Justice Athar said, “The Deputy Commissioner and the Inspector General of Police are further directed not to unnecessarily harass nor deprive citizens of their right to liberty. They are also directed to submit the plan prepared in the light of the directions given by the august Supreme Court.”
The bench stated that the grievance of PTI is regarding the abuse of power by public functionaries. The PTI counsel contended that PTI has submitted an application to the District Magistrate seeking permission to hold a peaceful assembly within the Islamabad Capital Territory.
The learned counsel stated that while the request is being considered, the respondents are abusing powers by illegally harassing leaders and workers of PTI.
The bench noted that the august Supreme Court of Pakistan in the case titled “Suo Motu Case No.7 of 2017, PLD 2019 Supreme Court 318” has laid down the principles and law regulating peaceful protests/assemblies.
The court mentioned the relevant portion of this judgment, “The police and other law enforcement agencies are directed to develop standard plans and procedure with regard to how to best handle rallies, protests and dharnas, and ensure that such plans/ procedures are flexible enough to attend to different situations.
It is clarified that though the making of such plans/ procedures is not within the jurisdiction of this Court, however, we expect that in the maintenance of law and order every effort will be taken to avoid causing injury and loss of life.”
Later, the IHC bench deferred the hearing in this matter till May 27 for further proceedings.
In its petition, the PTI cited Federation of Pakistan through Secretary Ministry of Interior, Inspector General of Police Islamabad, Chief Commissioner and Deputy Commissioner Islamabad, as respondents.