• Rules right to protest is not absolute, must follow law
• Orders authorities to use state resources only for public service, law & order
PESHAWAR: The Peshawar High Court has declared the use of government resources for organising demonstrations or processions illegal, directing the Khyber Pakhtunkhwa government not to utilise its employees, vehicles, public funds, fuel, or government facilities — directly or indirectly — for such purposes.
A bench comprising Justice Sahibzada Asadullah and Justice Inamullah Khan ordered: “Administrative authorities and law enforcement agencies shall ensure that state resources are deployed exclusively for lawful governmental functions, including the provision of public services, maintenance of law and order, and protection of citizens.”
“While the right to peaceful protest is a cornerstone of democratic governance, it is neither unfettered nor absolute,” the bench ruled.
The bench issued a detailed 28-page judgement on Thursday while disposing of a petition filed by former MPA Javed Naseem, who had requested the court to restrain the chief minister and the KP government from using official vehicles, machinery, or other resources for participation in or facilitation of public meetings, rallies, or long marches.
The petition was filed two days ahead of a public meeting scheduled for Thursday, announced by the PTI, which was later called off on Wednesday night.
Advocate Anwarul Haq appeared for the petitioner, while Advocate General Shah Faisal Uthmankhel represented the KP government.
Highlighting the constitutional responsibilities of the chief minister as custodian of state resources, the bench also issued directives to government functionaries, including the KP chief secretary and the IGP.
The bench directed the chief secretary to ensure that every department and institution under the provincial administration operates strictly within the confines of its constitutional and legal mandate.
“It must be ensured, with unwavering vigilance, that public resources, administrative authority, and the services of government employees are not, under any circumstances, diverted toward political activities or partisan objectives,” the bench ordered.
While issuing directives to the KP IGP, the bench stated:
“He shall, in faithful discharge of his constitutional and statutory obligations, marshal all available resources to strengthen and maintain the rule of law and the security of the province.”
“It shall be his duty to ensure that the authority, manpower, and institutional capacity of the police remain wholly insulated from political deployment and are directed solely toward the protection of the life, liberty, and property of citizens. The preservation of law and order and the unwavering enforcement of the law must remain the central and unambiguous mission of the department under his command.”
“We expect that the Honourable Chief Minister, the Chief Secretary, and the Inspector General of Police shall ensure faithful, prompt, and effective compliance with the directions issued herein, both in letter and in spirit. However, should there be any lapse, reluctance, or failure in implementation, this court shall be constrained to take stern and appropriate measures as warranted under the law to uphold the rule of law and safeguard public trust,” the bench warned.
‘Sacred trust’
Emphasising that public resources constitute a sacred trust and that the chief minister, by virtue of his office, is its constitutional custodian, the bench ruled:
“It is incumbent upon him to ensure that these resources are employed with the highest degree of integrity, prudence, and responsibility, exclusively for the welfare and advancement of the people, and never for purposes inconsistent with the spirit of public trust or constitutional governance.”
“They are to be employed exclusively for the welfare, security, and advancement of the people. The machinery of government and the administrative apparatus of the state must remain devoted to the purposes for which they were constitutionally created,” the bench observed.
Published in Dawn, April 10th, 2026
