ISLAMABAD: The Islamabad High Court (IHC) ordered on Friday that protesters wishing to participate in the Pakistan Tehreek-i-Insaf (PTI) and Pakistan Awami Tehrik (PAT) sit-ins should be allowed safe access to Constitution Avenue, rendering the promulgation of Section 144 in the federal capital irrelevant.

This was the relief that PTI had been seeking when it filed a petition in court challenging the imposition of Section 144 in the capital.

This petition was filed after a major crackdown on demonstrators in the capital saw around 1,000 people rounded up between September 6 and September 8.

In an order issued on Wednesday, Justice Athar Minallah ordered the Islamabad administration to deploy magistrates at the sit-in venue to ensure that no innocent people or peaceful protesters are arrested, manhandled or assaulted by the police

During Friday’s proceedings, Justice Minallah asked Islamabad Deputy Commissioner Mujahid Sherdil and PTI MNA Asad Umar to chalk out a plan to protect protesters from arrest as they arrived at or left the sit-in venue. The judge observed that since Interior Minister Chaudhry Nisar Ali Khan had publicly stated that the government had allowed PTI and PAT to carry on their sit-ins in the Red Zone, the government could not stop the participants from reaching the venue by imposing Section 144.

IHC ruling means admin cannot use Section 144 to summarily book people as they enter, leave sit-ins

An Islamabad administration official told Dawn the reason for imposing Section 144 was primarily to stop the influx of supporters at the sit-in venues. The prohibition of pillion riding and the ban on assemblies of more than five persons, were ways to discourage more participants from joining the protests.

But following the court’s orders that protesters should be allowed safe passage to and from Constitution Avenue, the imposition of Section 144 would be an exercise in futility.

A PTI lawyer told Dawn that their leadership had been worried following the widespread arrests of hundreds of workers.

He said that during a meeting at Imran Khan’s container on D-Chowk, it was decided to file a petition against imposition of section 144 so that those wanted to join the ‘sit-in’ may not be harassed.

Asad Umar told the court that his party could not trust the district administration and asked that the judge pass an order in this regard.

Justice Minallah then directed the deputy commissioner to establish a control room so the administration could communicate with the protesting leaders and address their grievances forthwith.

He also ordered that the inspector general of Islamabad police “shall act on the direction and advice of the district magistrate”.

The judge, however, asked the PTI’s leadership to ensure that no miscreant could use their protest to penetrate the high security zone.

Justice Minallah also warned that for disobeying his order “this court can attach the properties of the persons besides initiating contempt proceedings”.

Deputy Commissioner Sherdil told the court that after Wednesday’s order, things were being streamlined.

He told the court the district administration never gave PAT or PTI permission to hold sit-ins inside the Red Zone. He said that the Islamabad administration has given them no-objection certificates for processions at Kashmir Highway and Zero Point.

He told the court that in order to deal with the ongoing situation, the district administration had demanded deployment of additional magistrates and assistant commissioners. Currently, 12 officers are working round the clock.

Also during Friday’s hearing, Mujahid Sherdil told the court that of the 63 schools that were occupied by policemen from out-of-station, 47 premises have been vacated and educational activities have resumed.

Published in Dawn, September 20th , 2014