Gridlock rankles judges: LHC seeks explanation from CM on The Mall rallies

Published October 21, 2016
barricades erected to block the road leading to the Punjab Assembly during a protest by a religious group. — Online
barricades erected to block the road leading to the Punjab Assembly during a protest by a religious group. — Online

LAHORE: Taking a suo moto notice of frequent rallies and protests on The Mall in violation of its previous order, the Lahore High Court on Thursday sought an explanation from the Punjab chief minister about the compliance of the order and also issued show-cause notices to the DCO, the DIG (Operations) and the CTO of Lahore.

Justice Ibadur Rehman Lodhi took notice after he and some other judges failed to reach the high court in time Thursday morning due to a protest outside the Punjab Assembly causing a gridlock on The Mall.

“There was a complete blockage in flow of traffic on Mall Road, today morning and a group of people armed with sticks were either sitting in front of the Punjab Assembly by blocking the Mall Road and also the private persons who seemed to be companions of the protesters and causing interference in flow of traffic,” Justice Lodhi observed in his order.


Issues notices to top govt functionaries


It said: “None either from the district administration or police authorities to render assistance to public or to put some control over the miscreants was available at the scene. This is clear act of contempt of court as the judges of this court had to travel in the lanes around The Mall, Lahore, as all connecting roads were also blocked by putting different hurdles.”

The judge regretted that the authorities responsible for ensuring smooth flow of traffic and also to deal with miscreants failed to perform their duty, which resulted in obstruction in the process of law and the decorum of the court had been disturbed.

Later, DIG (Operations) Haider Ashraf and Chief Traffic Officer Tayyab Hafeez Cheema appeared before the court on a short notice. The legal adviser to the district government appeared on behalf of DCO Muhammad Usman.

Advocate Iftikhar Ahmad Mian told the court that the DCO was busy in a meeting of the provincial cabinet. However, Justice Lodhi rejected the argument and observed that by not appearing before the court on a false plea of his participation in a cabinet meeting of which he was by no stretch of imagination a member, the DCO committed another contempt.

The judge observed that the LHC had on Nov 2, 2011 decided a petition and directed the government to devise a plan for smooth movement of the traffic in the city, especially on The Mall, and it should not allow the hoodlums to create problems for the masses. The order also required the government to arrange alternate venues for public processions etc., as is done in the civilised countries so that on the one hand the public is able to exercise their right of expression and, on the other, the businessmen of the city, especially on Mall Road, saved from any hindrance in their lawful business.

The 2011 decision further envisaged that political as well as religious parties should also lay down a code of conduct for its members. And while arranging processions the members of these parties should take due care and caution for the safety of the public as well as private properties and the persons involved in destruction of public or private property or responsible for interference in the lawful trade of any person should be dealt with an iron hand.

Justice Lodhi observed that the copy of the decision was directed to be delivered to the chief minister for its onward transmission to all stakeholders and implementation in letter and spirit.

“The subsequent conduct adopted by all concerned and particularly their inaction shown this morning clearly reflects that the said directions were not only disobeyed but also disregarded and all responsible have as such exposed themselves to be dealt with under the provisions of Contempt of Court Act, 2012,” the judge ruled.

As a first step, the judge issued show-cause notices to the DCO, the DIG (Operations) and the CTO Lahore with a direction to explain as to why contempt proceedings should not be initiated against them and they be punished accordingly.

The DCO was also directed to explain his wilful absence from Thursday’s proceedings of the court. “Punjab Chief Minister is also directed to show as to what steps were taken by him in compliance of directions contained in order passed on Nov 2, 2011,” the judge said in the order.

The judge appointed Additional Advocate General Khawar Ikram Bhatti as prosecutor in the matter, while Advocate Ahmed Waheed Khan was appointed amicus curiae for future proceedings.

The judge directed the Registrar Office to prepare a separate file in the matter in order to place the same before the court on next hearing, Oct 27.

Published in Dawn, October 21st, 2016

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