IHC asks PTI, PAT to keep minors away from sit-ins

Published September 30, 2014
- File photo
- File photo

ISLAMABAD: The Islamabad High Court (IHC) on Monday asked the Pakistan Tehreek-i-Insaf (PTI) and Pakistan Awami Tehreek (PAT) to keep minors away from their sit-ins.

Hearing petitions filed by the two parties and the traders association of Islamabad, Justice Athar Minallah observed that “children cannot be exposed to the harmful environment at the venue of the sit-ins.”

He said the two parties should voluntarily remove the children from the protest venue.

When PAT counsel Mohammad Waqas Malik argued that the children were accompanying their parents participating in the sit-ins, the judge said this act of the parents was itself unlawful.

He said it was the duty of the court to protect the rights of minors, adding there were provisions in the law for protecting the rights of children through guardian courts.


Justice Athar Minallah terms the act of bringing children to the sit-ins unlawful


PTI lawmaker Asad Umar assured the court that he would do his best to keep children away from the venue by requesting their parents not to bring them to the sit-ins.

About the permission granted to the marchers to camp at the Red Zone, the judge said: “Prima facie, the permission granted to the parties for staging the sit-ins in the Red Zone was unlawful.”

He said the district magistrate was the right person to allow any protest in the Red Zone but he (magistrate) had categorically denied giving any such permission.

He said the court had to look into the question whether the prime minister or any minister was competent to grant such a permission without involving the district magistrate. He remarked that if it was proved that the permission granted to the protesters for holding the sit-ins in the Red Zone was illegal, the prime minister would have to bear the cost.

During the hearing, amicus curie appointed by the court - Babar Sattar, Saroop Ejaz and Saad Rasool - submitted their comments.

Yousuf Khosa, another amicus, argued that the court had to examine whether the issues raised in the petition of the traders were justifiable or not.

Barrister Babar Sattar told the court that the prime minister and the federal ministers might be asked whether they had given permission for the procession at the Constitution Avenue or not.

He said the court cannot deal with the questions which were political in nature.

Justice Minallah replied that Parliament was the right forum to address political questions but the court had to examine the questions related to the fundamental rights of the citizens.

The judge pointed out that Article 16 of the constitution says, “Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.” As per the Article, he added, the right to assembly was not the absolute right as it entailed certain restrictions to protect the rights of other citizens.

He said the court had to decide the matter once and for all to avert such a situation in case other political parties planned to protest against any government in future.

Justice Minallah directed the capital police to submit a report explaining whether they used force against the marchers as per the standing operating procedure or on the directions of their commanders.

He also extended the ‘suspension’ of Section 144 of the Criminal Procedure Code till Wednesday when the court would resume the hearing of the matter on a daily basis.

Published in Dawn, September 30th, 2014

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