LAHORE: The Lahore High Court (LHC) on Friday turned down a request to pass an immediate restraining order against the ongoing long march of the Pakistan Tehreek-i-Insaf (PTI) but summoned senior officials of the interior ministry, provincial government and police.

Justice Jawad Hassan was hearing a petition of Naeem Mir, a leader of traders, seeking a direction to the government functionaries to stop the long march of the PTI due to alleged damage being caused to business activities in the country.

During the hearing, Advocate Hafiz Nauman Zafar, the petitioner’s counsel, argued before the court that his client also wanted the government authorities make arrangements for the protection of life and liberty of the businessmen as well as the public at large.

He said the respondents should take steps for improvement of the law and order situation in the country and arranging an open place outside the cities for lawful demonstrations, protests or processions by the political parties, till a final decision of this petition. He said the workers of the PTI blocked entrance and exit points on the motorways and other main roads.

Summons govt, police officers on 14th

Asked about the maintainability of the petition under Article 199 of the Constitution, the counsel told the judge that the LHC already passed a detailed judgement on similar facts and circumstances regarding the procession held by a political party in Lahore in 2020 in the case of “Haris Bin Hassan Jang versus Federation of Pakistan” (2021 CLC 413).

He pointed out that the court had held that every political party, under the provisions of Article 16 of the Constitution, had a right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order and also directed the authorities concerned to look into the matter.

Advocate Zafar further contended that recently the LHC also elaborated the right to move freely under Article 15 of the Constitution in the case of “Muhammad Umais versus Cantonment Board Rawalpindi and others (PLD 2022 Lahore 148).”

Justice Hassan observed that it was not clear that against which respondent the direction was being sought and under what law the petitioner filed the writ of prohibition for restraining any party. The judge observed that every political party had a constitutional right to hold a peaceful protest. He reminded the counsel that the court made the same observation in a petition against a protest march of PML-N vice president Maryam Nawaz.

Subject to the maintainability of the petition, the judge issued pre-admission notice to the respondents including the federal interior minister, the provincial government and the police for Nov 14.

The judge directed a law officer to seek instructions from the relevant quarter(s) and also ensure presence of senior officers from the respondent-departments, well conversant with the facts of the case, on the next hearing.

Published in Dawn, November 12th, 2022