‘Haqeeqi Azadi’ march: SC disposes of JUI-F senator’s petition

ISLAMABAD: The Supreme Court disposed of JUI-F Senator Kamran Murtaza’s petition to stop Pakistan Tehreek-e-Insaf’s (PTI) “Haqeeqi Azadi” march and said it is a political problem that can be solved politically.

A three-judge bench, headed by Chief Justice Umar Ata Bandial and also comprising Justice Ayesha Malik and Justice Athar Minallah, on Thursday heard the case. The petition was disposed of in view of the subsequent development.

Advocate General Islamabad Jehangir Jadoon informed the bench that the Islamabad administration has received a letter from the PTI leaders regarding the long march. He stated the administration had inquired from the PTI leaders about the date, time and place, but they did not respond.

The AG Islamabad said that before the Wazirabad incident, the PTI leaders talked bloodshed; therefore, the administration declined their request to hold a long march in the federal capital. The case pertaining to the holding of the long march in Islamabad is pending before the Islamabad High Court (IHC).

Justice Minallah remarked that in view of the development, Kamran Murtaza’s petition has become infructuous. However, Additional Attorney General (AAG) Aamir Rehman stated that they asking for apex court intervention in order to maintain peace in Islamabad.

Justice Minallah asked the AAG you are saying that the executive can maintain law and order. Rehman said on November 5, the Federation wrote a letter to the government of Punjab under Article 149 of the Constitution.

The chief justice said the Court can understand the Federation's worry, adding they also want peace in the country. “Writing a letter to the provinces under Article 149 is a very serious issue.”

The chief justice asked the petitioner whether he is afraid that the incident of May 25, wherein, the participants of the “Azadi March” violated a court order about the limits set for it, may happen again.

During the hearing, Justice Bandial also asked the senator if he has mentioned past violations in the application, adding that interference in these types of issues creates an awkward situation for the court.

He also inquired whether the participants had weapons, adding that the right to protest is not unlimited but is subject to constitutional limits. “You are saying that the long march is within the boundaries of Punjab. Have you contacted the Punjab government?” asked the chief justice.

Justice Bandial further questioned whether the court can intervene if the link between the province and the federation is dysfunctional.

“You are a senator, strengthen the parliament,” the CJP told Kamran Murtaza. He also said that if there is a clear threat of constitutional violation, the judiciary will intervene.

Justice Minallah then remarked that the executive has wide-ranging powers if someone violates it and asked if the administration and parliament would not be weakened by the intervention of the judiciary.

The petitioner also informed the court that the PTI’s long march started two weeks ago, adding that according to senior PTI leader Fawad Chaudhry, the march will reach Islamabad on Friday and Saturday later this week.

Murtaza further maintained that normal life may be affected due to the party’s long march. “Long march is the right of the PTI but the rights of the common man should not be affected,” the senator told the court.

Copyright Business Recorder, 2022