A wise move

Islamabad - as planned and built - was a beautiful city, but no more. Among the sore sights most annoying is the wall of crudely painted containers that denies access to the D-Chowk and blocks a speculator view of the Parliament House and Presidency. To ensure there is not another sit-in at the D-Chowk, like the one jointly staged by the Pakistan Tehreek-e-Insaaf and Pakistan Awami Tehreek in 2014, the local authorities have parked a dozen of containers at its main entry from the Blue Area side. The happy news is that those containers may not be there anymore. These would be removed in the wake of Islamabad High Court's detailed judgement on its last year's short order prohibiting the PTI from locking-down the Capital that in future protests and rallies would be held only at the Democracy Park, also known as Parade Ground near Shakarparian. According to a detailed judgement, the federal government got to formulate a comprehensive strategy outlining restrictions based on public policy on the right to assemble. The court, according to the judgement, "has a duty to strike a balance between the freedom to peacefully assemble and the competing rights of those who live, work, shop, trade and carry on business in the locality affected due to the assembly," adding "this balance should ensure that other activities in the same city/region may remain unaffected if they themselves not impose unreasonable burdens". Should an attempt be made to block or lock down Islamabad or any effort is made to disrupt the normal life in the city, the "administration has the authority to deal with the situation as per mandate of law". The court also made reference to the International Convention on Civil and Political Rights which does uphold the right to protest, but within certain confines of national security, public safety and protection and rights of others. It also referred to the EU's Charter of Fundamental Rights that too conditions freedom of peaceful assembly to the "right of everyone to form and to join trade unions for protection of his or her interest".
Blocking public thoroughfares and busy bazaars for rallies and sit-ins has become a rampant nuisance not only in the Capital but all over the country. To seek relief against alleged injustice the interest groups and parties stage protests by causing massive traffic jams, some of which last for hours. All of it is justified as the protestors' fundamental right, thereby discouraging the law-enforcing agencies from force-opening the barricaded roads. In Karachi, in particular, people fail to reach their places of work on time and quite a few expire in ambulances. But here is now a clear court verdict outlawing misuse of fundamental right to assemble. It is one's hope that the Islamabad High Court's judgement on parameters of public rallies and sit-ins would serve as case law in the provinces also. Since almost all major cities have specified grounds and avenues marked for public meetings the concerned administrations must not allow holding rallies and sit-ins nowhere else. Not only will such an action ensure that the demonstrations and protests do not disrupt normal flow of life in the city, it will also help the respective administrations secure cities against acts of terrorism in an effective and meaningful manner.