ISLAMABAD: Senator Aitzaz Ahsan created quite a stir on Thursday when he cautioned the Supreme Court to exercise restraint in passing adverse orders against the protesting parties, as he claimed the sit-ins would be “winding up after Eid”.

“The dharna is waning and there is no likelihood of Prime Minister Nawaz Sharif tendering his resignation,” Mr Ahsan, who was representing the PPP, told the court. He said that 47 days had already passed and the use of coercive force against them could snowball into something else.

His words of caution came against the backdrop of extended proceedings by the Supreme Court’s five-judge larger bench, headed by Chief Justice Nasirul Mulk, which apparently came close to issuing strictures requiring the administration to evict the protesting Pakistan Tehreek-i-Insaf and Pakistan Awami Tehreek.

Also read: Court should not intervene in political matters, PAT tells SC

Counsel for both parties, Ali Zafar of PAT and Ahmed Awais of PTI, were virtually in the dock since they were repeatedly asked by the court to explain whether their right to protest and assemble also vested them with the right to trample with impunity the fundamental rights of others by blocking free movement, access to offices, closing down schools and paralysing normal life.

SC displeased with PAT, PTI for failing to honour written undertakings

The court was also not happy with the government over the placement of shipping containers on all important roads of the capital city, impeding easy access.

“Tell us what social or moral authority they have to block Constitution Avenue right from Parliament House to the Secretariat,” Justice Saqib Nisar asked.

The judge was also bitter over the fact that the two protesting parties did not even care to honour their written commitments, made before the court to clear three lanes of the main thoroughfare and reminded them of the legal consequences that might follow if they did not fulfil the undertaking given to the court.

But Mr Ahsan requested the Supreme Court to refrain from prescribing any limit on the protests because any judgment would become a law and might kick up another controversy.

Senator Raza Rabbani, appearing on behalf of the ANP and BNP-Awami, argued that the Supreme Court was not hearing purely a legal issue; rather the matter was politico-legal. “We need to tread carefully, especially after Javed Hashmi, former army chief Aslam Beg and former dictator Pervez Musharraf had all hinted at the possibility of the formation of a government of technocrats.

Senator Rabbani referred again to the three questions he had raised earlier and said these had become even more relevant in the light of the three statements.

Firstly, he asked, whether any political party or any other group, could at all seek constitutional office-bearers to disengage from office under the threat of violence or use of force in violation of the constitution.

Secondly, whether any political leader can legitimately involve the army in his design to achieve his unconstitutional objectives by attempting to reassure his followers that the army, by saying “yes” or “no”, would determine the future course of his action.

And, thirdly, whether a political leader could misrepresent the support of the army to their cause in public or private communications, thereby compromising the image of a national institution.

PAT and PTI have already submitted replies denying the allegations, but the Supreme Court on Thursday also directed the PML-Q and Sheikh Rashid to submit their responses to the same questions, since they had made certain political statements in the recent past suggesting the role of the military.

When PAT counsel Ali Zafar told the court that PAT’s revolution was “within the system” and not “against the system”, Justice Asif Saeed Khosa observed that “revolution was always done against the system, because doing so within the system would be a contradiction”.

Attorney General Salman Butt submitted replies on behalf of the federal government and lamented that policemen had been demoralised because they were not only being beaten up but all of their actions were being undone by the judiciary.

He said the government would challenge the recent decision of the Islamabad High Court releasing people arrested for storming PTV as well as a sessions judge’s order to register an FIR against the administration and constitutional office-holders.

Published in Dawn, October 3rd, 2014