KARACHI: The Sindh High Court on Friday came down heavily on the district administration for an inordinate delay in deciding an application of the Pakistan Tehreek-i-Insaf, seeking permission to hold a public meeting near the Mazar-i-Quaid on April 28.

The deputy commissioner concerned submitted that the application was still under consideration while a provincial law officer insisted that the public gathering could not be held at the subject venue under the relevant law.

The SHC ordered the DC to decide the application and submit a report till April 26.

The PTI petitioned the SHC and submitted that the district and provincial administration were not deciding its applications to hold a public gathering on April 28.

Party applied for permission on April 3 and DC-East sought reports from officials on 15th, court told

At the last hearing, the SHC directed the authorities concerned to process the applications in accordance with law and sought a compliance report if there was no legal impediment.

At the outset of the hearing on Friday, Deputy Commissioner Shahzad Abbasi filed a report and stated that upon receipt of the PTI’s application, he forwarded letters on April 15, to SSP, resident engineer/secretary of Quaid-i-Azam Mazar Management Board and assistant commissioners of Ferozabad and Jamshed Quarters for specific comments so that permission may be accorded.

He contended that the request of the petitioner for public gathering was still under consideration and permission would be issued on receipt of reports from the officers concerned according to the law.

Responding to a question of the court, the DC submitted that he received the application on April 3.

A two-judge bench headed by Chief Justice Aqeel Ahmed Abbasi expressed serious resentment over the DC for an inordinate delay in deciding the matter and remarked that “you enjoy sitting in an air-conditioned room”, asking him if there was any ‘rocket science’ involved to take a decision on the subject matter.

Assistant Advocate General (AAG) Saifullah contended that no rally and public gathering could be held within the premises of the Quaid’s mausoleum including the ground/park in question under Section 6 of the Quaid-i-Azam Mazar (Protection and Maintenance) Ordinance, 1971.

Representing the petitioner, Advocate Ali Tahir argued that the subject ground/park was not part of the mausoleum and in the past various political parties had held several public gatherings at the same venue.

The chief justice warned that it may make the contention of AAG part of the record so nobody could hold such gathering in future.

The bench directed the DC to complete the relevant procedure, decide the matter and submit report till April 26.

Citing the chief secretary, commissioner of Karachi and DC (East) as respondents, PTI Sindh general secretary Ali Ahmed Palh petitioned the SHC and submitted that the party had approached the district and provincial administration on a number of occasions for permission or no-objection certificate to hold a public gathering, but to no avail.

The petitioner submitted that initially, an application was filed with the DC concerned on March 21 seeking permission to hold a public meeting on April 21, at a ground adjacent to Mazar-i-Quaid from 4pm to midnight and proper access for people to the venue without any hindrance.

The petitioner also asserted that he had a detailed meeting with the DC regarding the process and timely permission and the deputy commissioner had agreed upon venue and timing of such public gathering.

However, he maintained that since the DC had not granted the NOC, the petitioner moved another identical application on March 27, but no response was forthcoming and therefore, the party was forced to change the intended date by a week (April 28) and approached the chief secretary and commissioner, but they also remained unable to make a decision on the subject matter.

Published in Dawn, April 20th, 2024