LAHORE, Oct 21: The Lahore High Court has observed that the right to life and the right to agitate are fundamental rights enshrined in the constitution, and the superior judiciary is supposed to protect them.

These observations were made by Justice Asif Saeed Khosa during the proceedings on a writ petition filed by residents of Nari, who had invited the wrath of the administration after holding a demonstration in front of the office of the district coordination officer (DCO) of Khushab to protest against the unavailability of water in their village.

The police batoncharged them and arrested 55 of them in addition to registering cases against about 300 on charges of resorting to a terrorist activity (Section 7 of the Anti-terrorist Act 1997) and undermining public order. The 55 arrested people continue to be confined in jail.

The facts of the case are that residents of village Nari have no access to safe drinking water. Their only source of water supply is from Katha Sargal and Katha Misral, a perennial stream which springs 12 to 13km uphill.

The government recently sanctioned a water supply scheme through this channel by laying a pipeline. The scheme was approved because the area, which generally has insufficient water resources, faced a famine-like situation in view of the suspension of water supply to Nari village for about one year.

The petitioners have requested quashment of criminal cases and release of detained villagers.

The counsel for petitioner, Chaudhry Fawwad Husain, submitted in the court that registration of an FIR under Sections 148/149, 186/353 324/440, 436/382, 511/506 337A-ii/337L(2), 337F(i)/337A(i), 16/MPO, 7/Anti-Terrorism Act 1997 amounted to misuse of power and authority, and was an example of police highhandedness.

The plea taken by the counsel is that the right to protest was a fundamental right embodied in Articles 4, 17 and 19 of the constitution. The charges were not warranted as the rally was peaceful, and was directed against the attitude of authorities. The demonstration was not actuated by any desire on the part of the petitioners to incite public to violence or crime. The police were at fault in resorting to an indiscriminate baton-charge and destroying 25 vehicles of the villagers, which they had used to reach Khushab for the demonstration.

The petitioners also prayed that the Jauharabad police be directed not to harass the villagers.