ISLAMABAD: Islamabad High Court (IHC) on Thursday directed the federal government not to obstruct lawful business of traders for maintaining public order during the Azadi march.

Chief Justice Athar Minallah issued the direction after taking up a petition filed by a private goods transport company against detaining of its containers to block roads.

He observed: “The state can only control and regulate trade for the purpose and object of ensuring safety, peace, health and good moral of public.”

Plea disposed of after chief justice was assured that traders would be compensated

The court added: “There is no regulation nor any restriction imposed by law that citizens who are engaged in lawful business can be obstructed to carry on their business or empowers the authorities to detain their containers in which commercial goods are being transported for the purpose of maintaining public order.”

Justice Minallah disposed of the petition with the observation that “in case the transportation of goods in containers by the petitioner company or any other trader have been obstructed or interfered with, they would be at liberty to approach the competent authorities for seeking compensation.”

The court also asked the federal government to nominate an authorised officer to receive complaints from traders who may have been affected on account of their fundamental right guaranteed under Article 18 of the Constitution having been violated.

Deputy Commissioner Islamabad Hamza Shafqaat informed the court in an undertaking that “no container loaded with commercial goods has been detained or obstructed within Islamabad Capital Territory.”

He said the federal government had allocated Rs60 million for maintaining public order during the Azadi march and assured the court that the traders would be compensated for detaining the containers. Justice Minallah appreciated the deputy commissioner and remarked that provincial governments should follow the same as well.

The chief justice observed that detention of containers loaded with commercial goods without the consent of the owners was a violation of Article 18 of the Constitution.

The court noted that “freedom of trade, business or profession is a right guaranteed under Article 18 of the Constitution. The constitutional provision provides that subject to such qualifications, if any, as may be prescribed by law, every citizens shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business.”

The court asked the federal government to “ensure that there is no obstruction or interference with transportation of loaded containers otherwise than as provided under law.”

The court said public authorities acting on behalf of the state would ensure that the fundamental rights of the public were safeguarded.

Published in Dawn, November 1st, 2019