LAHORE: A writ petition on Tuesday was filed before the Lahore High court seeking action against Pakistan Tehreek-i-Insaaf Chairman Imran Khan for holding allegedly hateful speeches against Prime Minister Nawaz Sharif. Atif Sattar, a local resident, filed the petition through his counsel Advocate A K Dogar and submitted that PTI Chairman Imran Khan time and again sought resignation of the Prime Minister. Every time, Mr. Khan asked PM Nawaz Sharif to step down during his speeches in different parts of the country, he said. He said this demand and hateful speeches were violation of the Constitution.

The petitioner stated that to ask PM to step-down is an act which is against Articles 5, 7 & 90 of the Constitution of Pakistan. The petitioner submitted that on August 13, 2014, a full bench of the LHC already noticed to PTI when it with collaboration with PAT was on its way to hold long march and a sit-in at Islamabad. At that time, the petitioner said, Mr. Khan demanded resignation of the PM. He said Mr. Khan every day made hateful speeches against sitting PM. After two offshore companies had been unearthed in the name of PM Nawaz Sharif, Mr. Khan demanded him to step down and alleged that he had lost his moral justification to stay in office. He quoted a judgment in Benazir Bhutto Vs Federation of Pakistan, PLD 1988 SC 416 which said that “Public order is an elemental need in any organized society , and no association can flourish in a state of disorder. In Cantwall v Connecticut (1940) 310 US 296 at page 308, it was held by American Supreme Court that “ The offence known as breech of the peace embraces a great variety of conduct destroying or menacing public order and tranquility. It includes not only violent acts but words likely to produce violence in others. No one would have the hardihood to suggest that the principle of freedom of speech sanctions incitement to riot, when clear and present danger of riot, disorder, interference with traffic upon the public streets, or other immediate threat to public safety, peace, or order appears, the power of the state to prevent or punish is obvious”. He said that it is self-evident from a cursory glance at the observation of the Supreme Court of Pakistan handed down in a 11 member bench that anyone who causes clear danger, riot, disorder, interference with traffic upon the public streets must be restrained and prevented from such activity and state has the power to prevent or punish which is so obvious.

The petitioner submitted that under Article 17 (2) it is the duty of the federal government to declare that a political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan and within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final, therefore, no further comment on this aspect of the case lest it may cause prejudice to any of the parties, is called for. The petitioner prayed to the court to order the federal government to enforce Article 17 (2) read with Article 90 (1), Article 95, Oath under schedule III, Article 5 (2) and Article 7 of the Constitution, 1973 for a direction to declare Mr. Imran Khan as acting against provisions of the Constitution. He further prayed to the court to order the federal government to declare Mr. Khan guilty of inciting of hatred among the public and to disturb peace, public order, sovereignty and integrity of the country refer the matter to the Supreme for final decision.