Issues notices to interior secretary, communications secretary, Islamabad chief commissioner and other respondents
Islamabad High Court. Photo: Express
The Islamabad High Court (IHC) on Monday issued notices to the interior secretary, communications secretary, Islamabad chief commissioner and other respondents seeking a response to a petition challenging the closure of the Peshawar Motorway in connection with a Pakistan Tehreek-e-Insaf (PTI) planned long march towards Islamabad on September 27.
The IHC, on September 18, ruled that any activity resulting in a violation of citizens’ fundamental rights would constitute a breach of the Constitution. In a 37-page detailed judgment, the bench said political parties had a constitutional right to peaceful assembly and political dissent, while citizens also enjoyed constitutional rights to life, liberty, dignity, freedom of movement and business.
The party rescheduled the march to October 4 after it reported that a number of PTI leaders, elected representatives and supporters were detained, including the three sisters of PTI founder Imran Khan.
IHC Justice Muhammad Asif heard the petition filed by Advocate Mian Shafqat Jan, who challenged the closure of the motorway and sought its declaration as unlawful in the absence of a formal notification, order or stated reasons.
During the hearing, Justice Asif remarked that the authorities cannot “block Islamabad from either inside or outside”.
Read: IHC says political protests cannot infringe citizens’ fundamental rights ahead of PTI march
The petitioner’s counsel told the court that a case was scheduled for hearing at the Peshawar High Court (PHC) on September 24, for which he had to appear. He said he entered the motorway from the Islamabad Toll Plaza at around 7am but discovered that the thoroughfare was blocked near the Attock Bridge.
“If you are imposing any restriction on the movement of the public, there must be a justification for it,” the counsel maintained, questioning whether the authorities had the right to bar ambulances, funeral processions or students from movement.
He cited a past judgment of the court disallowing the closure of routes leading to and from Islamabad. The counsel highlighted that the IHC had previously held that blocking roads was contrary to the fundamental rights of citizens.
“We only want the court’s judgment to be implemented,” he said.
The petitioner’s lawyer further stressed that if all rules applied to ordinary citizens, the government was also bound by the same rules.
The petition requested the court to declare the closure of roads without a notification, formal order or stated reasons illegal.
Read more: PTI calls for justice as Imran’s sisters remain in detention denied of ‘fundamental rights’
Last month, PTI announced a September 27 march in Islamabad to demand the release of Imran Khan, with caravans from across the country expected to converge on the federal capital. The party also planned protests, shutdowns and demonstrations along major highways in cities, including Lahore, Karachi, Hyderabad and Quetta.
Under a preliminary strategy announced in August, the party planned to bring workers from across the country to K-P at least five days before the march. The main convoy was expected to remain at the Punjab-Khyber Pakhtunkhwa border for two to three days before moving towards Islamabad once other caravans had assembled.
The PTI had also planned protests and shutdowns in several major cities, including Lahore, Karachi, Hyderabad and Quetta, as well as demonstrations along important national highways.
