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IHC bars state resources, orders ights protection during PTI March

Court says political parties cannot block roads or restrict citizens’ movement

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PTI

ISLAMABAD: The Islamabad High Court on Monday barred the use of state resources for political protests ahead of PTI’s planned Sept. 27 march to the capital and ordered authorities to protect citizens’ rights during demonstrations.

A three-member bench headed by Justice Sardar Muhammad Sarfraz Dogar issued the directions while disposing of a petition concerning the Pakistan Tehreek-e-Insaf’s planned long march.

The court directed chief ministers to ensure that government vehicles, machinery, funds and other state resources are not used for marches, rallies or processions.

It also ruled that government employees cannot be forced to participate in political protests.

Provincial governments, the Islamabad administration and other relevant authorities were directed to protect citizens’ constitutional rights during demonstrations.

The court further said political parties and their leaders have no legal right to occupy roads, highways or other public spaces in a way that restricts citizens’ freedom of movement.

The IHC also issued directions to the federal interior secretary, Islamabad chief commissioner and inspector general.

During the hearing, Islamabad’s attorney general raised concerns over the PTI’s planned march, saying government machinery had been used during previous protests organized by the party.

He questioned whether the Sept. 27 demonstration would remain peaceful and referred to statements by PTI leaders, including one about “freedom or martyrdom.”

The attorney general asked the court to view footage from the PTI’s November 2024 protest. Although the chief justice initially said playing videos in court was not standard judicial practice, Justice Dogar later allowed the footage to be shown.

The footage included scenes of police preparations, alleged attacks on law enforcement personnel, fires at D-Chowk and the Green Belt, damage to public property and images of police officers killed during the unrest. A video showing a vehicle running over Rangers personnel was also presented.

“By any means, this is not a scene of a peaceful gathering,” the attorney general said.

The attorney general said anyone seeking to hold a protest or organize a long march in Islamabad must apply to the district magistrate and provide details of the event.

He said the magistrate could reject an application if security arrangements were considered inadequate.

He also defended the placement of containers in Islamabad and said the federal government has the authority to designate areas of the capital as a Red Zone.

The attorney general maintained that the government was not opposed to any political party or leader but wanted protests to be conducted within the law. He also claimed that PTI had not submitted an application for permission to hold the proposed march.

The attorney general described PTI’s demands for the release of the jailed party founder and the removal of the government as unlawful.

“The method of getting a convicted prisoner released is through the courts,” he said.

Justice Dogar also questioned whether government officials could make statements that might provoke citizens.

“Can chief ministers or government representatives make such speeches?” the chief justice asked.

The attorney general replied that no one had the right to provoke citizens and that such statements could not be protected as freedom of expression.

The petitioner’s counsel questioned whether authorities should wait for damage to occur before taking preventive action.

The lawyer referred to claims that as many as 4 million people could enter Islamabad and raised concerns about the possible impact of the planned protest on residents of the capital.

The counsel also raised concerns about the conduct of Khyber Pakhtunkhwa Chief Minister Sohail Afridi, arguing that his political activities were affecting his official responsibilities.

PTI has announced nationwide protests and a march toward Islamabad on Sept. 27 to demand the release of the PTI founder.

The IHC disposed of the petition after hearing arguments from the parties and issued directions aimed at preventing the use of state resources while protecting citizens’ constitutional rights during political demonstrations.

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