ISLAMABAD: The Islamabad High Court (IHC) on Thursday ordered that the Pakistan Tehreek-i-Insaf’s (PTI) planned protest in the capital should be confined to the ‘Democracy Park and Speech Corner’, located near the Parade Ground in Shakarparian.

But unhappy with the court’s decision, the PTI plans to challenge the interim high court order before the Supreme Court.

Hearing four petitions against the PTI’s scheduled lockdown on Nov 2, IHC Justice Shaukat Aziz Siddiqui directed PTI chairman Imran Khan to personally appear before the court on Oct 31 to explain what law allowed him to make statements threatening to block access to Islamabad and hinder the government offices from functioning.

After listening to Imran Khan’s speeches, which were played in the courtroom by Pemra DG (Monitoring) Haji Adam, Justice Siddiqui remarked that nobody would be allowed to block the roads and that the judiciary was the only umpire in Pakistan.

“Only Pakistani courts are the on-ground, off-ground and reserve empires and we won’t let rugby rules to prevail in cricket,” he observed.

Restraining both the government and the PTI from blocking the capital’s roads, the IHC bench said that Imran Khan should hold his protest at the designated spot near the new Parade Ground.

The court also ordered Pemra to produce recordings of Imran Khan’s speeches and their Urdu transcripts at the next hearing.

The bench asked the Islamabad inspector general of police (IGP) that if someone announced their intent to murder someone, would police wait until the murder was committed. To this, the IGP said that the government was taking preventive measures.

In its order, the bench noted that “hearing the recording of speeches and press conferences played in the court also constrained the court to issue notice to Imran Khan with the direction to appear before the court and explain [what] law allows him to make [the] statement that Islamabad city shall be blocked and [the] government would not be allowed to remain functional”.

During the hearing, counsel for the petitioners, including retired Col Inamur Rahim, Barrister Jehangir Khan Jadoon and Malik Saiddique Awan, requested that since Imran Khan was a proclaimed offender, the court may pass an order for his arrest. However, the court observed that since an antiterrorism court had already issued arrest warrants for Imran Khan, it was not necessary for the high court to do so.

Interior Ministry Special Secretary Shoaib Ahmed Siddiqui, Islamabad Chief Commissioner Zulfiqar Haider, Deputy Commissioner retired Captain Mushtaq Ahmed and Islamabad IGP Tariq Masood Yasin categorically stated before the court that “all endeavours shall be made to ensure the smooth running of life in the capital city and that no fundamental right of any citizen may be infringed due to the protest [called] by Imran Khan on Nov 2.” They also submitted that no educational institution would be closed on Nov 2 and examination schedules of the Federal Board of Intermediate and Secondary Education would not be affected.

In its order, the bench observed: “This court is conscious of the fact that freedom of speech, expression and movement is right of every citizen, but it cannot be exercised in a manner that other citizens may be deprived of their fundamental rights, free movement, education, business and trade etc”.After the IHC order, the PTI leadership decided to challenge the interim order before the Supreme Court.

Published in Dawn, October 28th, 2016