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  • Aug 14th, 2014
  • Comments Off on PROFOUND UNCERTAINTY: LHC against holding march in ‘unconstitutional’ way
A full bench of the Lahore High Court here on Wednesday restrained Pakistan Tehrik-e-Insaf (PTI) and Pakistan Awami Tehreek (PAT) from 'holding Azadi and Inqilab marches or holding sit-in in Islamabad in 'any unconstitutional' way. The bench, observed that this order is issued 'keeping in view of the sanctity of the independence day and the current chaotic and uncertain situation prevailing in the country.' The bench was headed by Justice Muhammad Khalid Mehmood Khan and comprising Justice Shahid Hameed Dar and Justice Anwaarul Haq.

The bench earlier had reserved its verdict at 2:30pm. It announced a short order at 8.00pm. During the course of hearing, the court gave time to counsel for PTI, Ahmed Awais, to seek instructions from his client if he is ready to stage his sit-in at some stadium or some enclosed place. He was given two hours for this purpose. As the hearing resumed after two hours, Ahmed Awais said they are ready to stage a sit-in at the road from Zero Point to Kashmir Chowk. He assured the court that it will be peaceful.

The Attorney General Salman Butt submitted that the suggested venue of the PTI is very near to the Red Zone and the Diplomatic Enclave. He said if the protesters are given a free hand to reach that place, there would still be a chance of unrest which would cause global problems for Pakistan. He said lakhs of people could be accommodated in a sports complex.

The court said this is the good option because it would also not obstruct the life. If they are ready for this, there would be no hindrance for the protesters in proceeding to Islamabad, the court added. Appearing on behalf of Dr Tahirul Qadri, Akhtar Shah, who had also been contesting Musharraf's treason case, prayed to the court to give him time to seek instructions from his client to advance his arguments. Another petitioner, Zafar Iqbal Jafri, submitted that a private person, Kamran, has filed a petition against the long march with the consent of the government. He said this is the reason that Attorney General for Pakistan, Advocate General Punjab and many other law officers are present before the court and are arguing in favour of that petition.

The bench, however, adjourned the hearing till 3.00 pm for its order. Ahmed Awais said he wanted to argue his case after examining the order of the other full bench in containers' removal case. The court again started proceedings and Justice Khalid remarked that protest is their right and they should continue but they should not make it conditional with the removal of the prime minister. At this, Ahmed Awais said it means that the court is negating the point of view of the PTI, which is of the view that the PM is unconstitutional because of rigged elections. The judge clarified that he is not saying so.

Ahmed Awais said that they had conducted two long marches in the past and there was no incident of violence. The court asked if Taliban create any unrest then who would be held responsible. Ahmed Awais said in previous long marches Taliban carried out no terrorism activity. The judge said now circumstances are changed and people are facing unrest ahead of long march. Ahemd Awais said the people are in unrest because of government's anti-state activities against protesters.

During the course of hearing, the court summoned the recording of interview of Imran Khan with a private TV channel (not Aaj News). It was played in the court through a projector to ascertain whether or not his demand has been fulfilled after PM's offer for constitution of a judicial commission to probe the vote rigging allegations. It was made clear that Imran Khan had demanded the constitution of a commission in July which was not met. The bench also listened to prime minister's televised address of Tuesday.

Copyright Business Recorder, 2014


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