PESHAWAR: The Peshawar High Court on Wednesday issued a notice to the provincial advocate general seeking his response to a petition against the frequent blocking of the Khyber Road near the Khyber Pakhtunkhwa Assembly’s building by protesters.

A bench consisting of Justice Roohul Amin Khan and Justice Syed M Attique Shah fixed Jan 26 for the next hearing into a pro bono petition filed by senior journalist Mohammad Jamshed Baghwan seeking the court’s orders for the respondents, including the provincial government, to allot a suitable place or ground for rallies by political parties, associations, unions and other groups to prevent disruption of the people’s right to free movement.

It observed that the issue was important, so the government should corrective steps.

Justice Roohul Aamin observed that a few people frequently block the road badly affecting the entire city.

PHC moved against frequent closure of road near PA by protesters

The bench wondered why the government isn’t taking measures to address the issue.

When asked by the bench, an additional advocate general said it was clearly the responsibility of the government to resolve the issue.

Justice Attique Shah observed that the federal government had banned protests near Islamabad’s D Chowk, while the Punjab government, too, had placed a ban on protests on the Mall in Lahore.

The petitioner requested the court to restrain the district administration of Peshawar from granting the no objection certificate to any political party, associations and organisations to block roads or hold rallies that result in the disruption of free public movement.

He also sought the court’s orders to declare that the holding of any rally or protest on roads in front of the provincial assembly building is illegal and representatives of the protesters should be allowed to submit their protest note or charter of demand to the government’s representatives without disrupting the flow of traffic on the roads.

The petitioner also requested the court to direct the police to use a ‘reasonable restraint’ against protesters when necessary to ensure the free flow of traffic on that road.

The petitioner’s counsel, Ali Gohar Durrani, contended that under Article 15 of the Constitution, the right to freedom of the people’s movement couldn’t be brought to an end with the protest of a handful of the people, who blocked the road near the provincial assembly creating chaos for patients, elderly people, children and woman.

He said the GT Road served as the main artery of Peshawar, whereas Suri Pul on the GT Road was a critical junction linking it to Khyber Road, Bacha Khan Chowk, Jail Road, and Peshawar city.

Mr Durrani said the area outside the provincial assembly on Khyber Road was frequently ‘misused’ and often attracted street protesters causing massive traffic jams.

He said the rallies on that artery not only caused hardship for commuters and patients traveling in ambulances but also increased traffic pressure on feeding roads in the old city of Peshawar paralysing the entire city.

The lawyer said two dozen protesters blocked Suri Pul for hours but the police, instead of clearing the road for smooth flow of traffic, saw them as bystanders raising questions about the law and order.

He referred to several judgments of superior courts in Pakistan, India and United Kingdom to support his contentions.

Published in Dawn, January 20th, 2022