ISLAMABAD: The nerve-wracking political scenario in the wake of sit-ins in the capital that entered its fifth day on Thursday has prompted a litany of petitions in the Supreme Court.

Not only the federal government submitted its reply endorsing the apprehensions expressed by President of the Supreme Court Bar Association (SCBA) Kamran Murtaza in his petition being heard by the apex court, but also held the demands being made by the Pakistan Tehreek-i-Insaf and Pakistan Awami Tehreek as acts of depredation and subversion.

Also read:SC requested to restrain state functionaries from ‘extra‑constitutional’ steps

On Monday, a five-judge bench had asked the government to furnish a concise statement on Mr Murtaza’s petition seeking restraining orders against the state authorities from acting in any manner unwarranted by the Constitution and the law. The case will be taken up again on Wednesday.

Side by side, the Islamabad High Court Bar Association and a senior lawyer also moved separate petitions before the apex court seeking directives against the sit-ins.

The situation has also unnerved the legal community, the legal bodies of which have called a joint meeting of the executive committees of the Pakistan Bar Council and the SCBA on Wednesday. The meeting will be held inside the Supreme Court building.

In its reply, the federal government stated that apprehensions expressed by the petitioners of violation of fundamental rights of the people because of Azadi and Inqilab marches and sit-ins having unconstitutional and illegal object have been accentuated by the declared pronouncement by PTI and PAT leaders about entering the ‘red zone’ and ‘civil disobedience’ movement.

The government said that no political party or organisation could become complainant, prosecutor, judge and jury all at the same time to paralyse the government, industry, commerce and trade in the entire state and to prevent the citizens not in sympathy with its viewpoint from exercising their fundamental rights or from performing their duties for their own benefit or for the benefit of the state of the nation.

Referring to the threat of civil disobedience, the reply emphasised that the smooth functioning of the state and the provision of basic facilities like water, electricity, gas, telephone, medicine or education depend upon the payment of taxes and collection of utility bills.

The call for non-payment of public dues would bring the state to a grinding halt, it said, adding that under Article 5 of the Constitution, obedience of the Constitution and law is an inviolable obligation of every citizen wherever he may be and of every other person for the time being in Pakistan.

As such actions undoubtedly infringe upon the fundamental rights to life, business, trade and commerce of the people at large, the very existence of the state would be jeopardised if the call for civil disobedience is not declared unconstitutional or illegal, the government contended.

The current situation threatens the existence of public order, supplies and services, the reply said, adding that a political party was formed for lawful purposes and if the objects were to be achieved through unlawful means, it could not be allowed to do so.

Any activity of a political party aimed at dislodging a lawful government through unlawful assemblies / gatherings and utterances or actions which threaten to overthrow a democratically elected government in any state by unlawful and unconstitutional means cannot be allowed and such an illegal and unlawful action would amount to violation of allegiance to the state, the reply said.

The government emphasised that it was its fundamental and constitutional duty to protect the life and property of the people and to save the residents of Islamabad and diplomatic communities residing inside the ‘red zone’.

It recalled that Imran Khan had already directed his party workers to enter the ‘red zone’ and to take over the parliament, the prime minister’s house and other state institutions, including the Election Commission and the Supreme Court.

Meanwhile, SCBA Secretary Asif Mehmood Cheema said in a statement that his association was worried about the disturbing tendency of gathering a mob to rule over democratic dispensation and dictate terms in disregard of collective will and wisdom of the people.

The SCBA, which played a pivotal role in upholding the rule of law and in bringing back democratic transition, fully supports freedom of association and expression, but this should not be abused to undermine fundamental rights by paralysing the country, Mr Cheema said.

“An independent judiciary is a guarantor for upholding these norms and the SCBA hopes that this institution will remain neutral, impartial and depoliticised.”

The association will not stand by to see any intervention in this respect, he said, calling upon the government to follow democratic traditions and adopt the politics of accommodation.

Asif Cheema criticised the government for acting in a rash manner, recalling that the SCBA had condemned the killings at Model Town, Lahore, in June.

The association “apprehends that further loss of life may deteriorate the political climate and put the lives of innocent people at risk, while their leaders continue to squabble over power sharing”.

On the other hand, SCBA President Kamran Murtaza said the “script writer of the two sit-ins” seems to be one and the same, with the same objective though with a different style.

Published in Dawn, August 20th, 2014