ISLAMABAD: The Islamabad High Court (IHC) on Wednesday observed that the Capital Development Authority (CDA) designated a space called the Democracy Park and Speech Corner in 2014 to political activities such as sit-ins and protests, the notification has never been made public.
IHC Justice Shaukat Aziz Siddiqui passed the observation while hearing four petitions against the Nov 2 Pakistan Tehreek-i-Insaf (PTI) protest.
Party chairman Imran Khan, while addressing a public gathering in Raiwind on Sept 30 announced a “lockdown” of the capital due to the government’s failure to investigate the allegations of investments in offshore companies levelled in the Panama Papers.
Petitioners Faizullah Cheema, Tasleem Abbasi, Raja Maqsoodul Hussain and Mohibullah, through their counsel Inamur Rahim Khawaja and Jahangir Jadoon, filed petitions before the IHC.
Following the preliminary hearing, the court has summoned the interior secretary, chief commissioner, district magistrate and inspector general of police (IGP) Islamabad on Oct 27.
The court has also directed the chairman of the Pakistan Electronic Media Regulatory Authority (Pemra) to “place material containing content of speeches and statements purportedly made by Imran Khan and aired on electronic media” regarding the Nov 2 sit-in.
Justice Siddiqui has directed officials to explain the measures taken to ensure life runs smoothly in Islamabad and citizens’ fundamental rights are safeguarded, as they have allegedly been threatened by the announcement of PTI’s protest.
The petitions cited the Ministry of Interior, Pemra chairman, IGP and Imran Khan as respondents.
The Islamabad chief and deputy commissioners were impleaded during the hearing with the court’s permission.
The petitioners’ counsel said Pemra should not allow Mr Khan’s speeches and interviews to be telecast because he is at large and has not surrendered before the court of law seeking his arrest.
They maintained that at the moment, criminal cases under the Anti Terrorism Act are registered against Mr Khan and his companions, the anti-terrorism court has issued numerous arrest warrants and police intentionally failed to apprehend the “culprits”.
Mr Khan is aware that he has been nominated in high-profile cases, including the attack on parliament, the Pakistan Television building and officers deployed during the 2014 sit-in.
Mr Khan “does not believe in rule of law and having known history of taking law into his own hands which is evident from his conduct in above mentioned cases,” they said.
The petition stated that he “never surrendered himself before the court of law or any agency and is still at large due to the collaboration” of the police chief and others.
The petitioners’ counsel said that according to the National Action Plan (NAP), the name, speeches and slogans of anyone involved in terrorist activity cannot be published or telecast in any media in any form. They said the PTI chairman is allegedly involved in terrorist activity, wanted by the court and deliberately avoiding arrest, but his speeches and interviews are regularly aired on electronic media.
The petitioners also contended that while Article 16 of the Constitution allows citizens to assemble peacefully, this is not an absolute right and the law has imposed certain conditions on it. In addition, they argued that Article 15 provides the right of free movement to citizens, which should not be infringed upon due to the proposed sit-in.
The petitioners asked the court to declare Mr Khan’s proposed act illegal and unconstitutional. They also asked that the federal government be directed to ensure free and smooth movement for citizens, that the PTI chairman is apprehended as he is already wanted by the ATC and that the NAP is implemented so he is not given airtime.
Published in Dawn, October 27th, 2016
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