IHC orders authorities to allocate PTI place for lawful protest

• Interior Ministry, admin responsible for peace in Islamabad: IHC.
• Directs authorities to avoid harsh or disproportionate restrictions.
• No unlawful assembly shall be allowed in Islamabad, stated IHC CJ.

ISLAMABAD: The Islamabad High Court (IHC) has directed the local authorities to allocate a designated place to the Pakistan Tehreek-e-Insaf (PTI) for organising its demonstration and to stop any unlawful protest in the federal capital that create situation of lockdown or disrupt peace during the period of SCO summit.

The directives were issued by IHC Chief Justice Aamer Farooq through a three-page order on Saturday after hearing the petition filed by Traders Welfare Association President Raja Hassan Akhtar, who sought the court's order to stop the major opposition party’s protest in Islamabad.

Law and order situation of Islamabad remains precarious as the Imran Khan-founded party tried to stage a protest at D-Chowk amid the imposition of Section 144 (which bars political activities and gatherings) in the twin cities to ensure security, ahead of the Shanghai Cooperation Organisation's meeting.

Clashes also broke out between the law enforcers and party workers, with both sides claiming that the other had attacked them.

Police fired tear gas at the protesters on Saturday in the capital as well as at the convoys trying to enter Islamabad, while the workers used slingshots to hit the law enforcers.

The PTI’s protests entered the second day in Islamabad while it also started in Lahore, badly affecting the routine life due to blockade of roads, police-protesters’ clashes, and suspension of metro services.

The high court's top judge noted that the freedom of assembly and movement are fundamental rights provided to the citizens under Articles 16 and 17 of the Constitution.

Justice Farooq stated that the Ministry of Interior and the Islamabad administration were responsible for the maintenance of peace and law and order in the federal capital.

However, such activities "are subject to reasonable and proportional restrictions in accordance with law. Such restrictions are only justifiable through a legitimate purpose which must be in the best interest of the larger public," the order read.

The high court directed the authorities to maintain "principles of proportionality and legitimacy of public purpose" and prevent "harsh or disproportionate restrictions which would otherwise amount to unlawful infringement of rights".

IHC CJ Farooq directed authorities to take reasonable and proportional measures to ensure safety and public order in Islamabad.

The high court also stated that "no unlawful assembly shall be allowed to be held in ICT keeping in view the provisions of Peaceful Assembly and Public Order Act, 2024".

It asked the federal government and the Islamabad administration to allocate a designated place to the PTI for an assembly or protest.