Print Print edition: 2026-09-19

Federal capital: IHC places restrictions on political protests

Published September 19, 2026 Updated September 19, 2026 04:55am

6 min

By Terence J Sigamony

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ISLAMABAD: The Islamabad High Court (IHC) ruled that no political party, political leader, provincial government or public office holder has any lawful right to occupy any public roads, highways, interchanges, toll plazas, buildings or other such like places within the federal capital.

A citizen, Waqas Ahmed, had challenged the planned move on the grounds that the protest could disrupt routine life, traffic and business activities in the federal capital.

A three-member bench headed by Chief Justice Sardar Muhammad Sarfraz Dogar and comprising Justice Muhammad Asif and Justice Muhammad Azam Khan issued the judgment.

Thirty-five pages judgment, authored by IHC Chief Justice Sardar Muhammad Sarfraz Dogar issued detailed judgment on Pakistan Tehree-e-Insaf planned protest on 27th September, saying under Article 199(1)(c) of the Constitution, this Court is under a bound to enforce the fundamental rights of the citizens within its territory.

The judgment also directed the provincial governments including, the chief ministers of the provinces shall ensure that no governmental resources, public funds or officials, either directly or indirectly, shall be used, raised or participate, on any pretext, in march/procession/rally leading towards the ICT.

It ordered that the provincial governments including, the Chief Ministers of the Provinces shall ensure that no official vehicle, machinery, or any other equipment is used to aid and/or facilitate the people participating in any march/procession/rally leading towards the ICT.

The IHC further directed that the provincial governments including, the Chief Ministers of the provinces shall ensure that no public servant is compelled, coerced, induced or otherwise required to participate in any march/procession/rally leading towards the ICT.

The administration of the ICT including, the Ministry of Interior was asked to ensure that no one residing within the ICT undertakes any activity which results in offending the rights of other citizens or persons guaranteed under Articles 9, 15, 18, 23, 24 and 25A of the Constitution.

The Chief Secretaries and Inspectors General of Police of the Provinces, the Federal Secretary Interior, the Chief Commissioner and the Inspector General of Police of ICT were ordered to forthwith, under intimation to the Registrar of this Court, issue directions and instructions to the officials of the federal and the provincial governments performing functions in the ICT or in the provinces to the effect that:

(a) no official shall comply with any order compelling him/her to aid or facilitate any march/rally/procession leading towards the ICT;

(b) any official who is so compelled shall forthwith inform the respective Chief Secretary/Chief Commissioner or the Inspector General of Police of the respective Province or the ICT;

(c) no official shall permit any person to participate in any march/rally/procession leading towards the ICT with an intent to obstruct, or to hinder or as a consequence of which free movement, trade, business or commerce, access to educational institutions, medical facilities, peaceful and lawful use of properties in the ICT are adversely affected;

(d) the Chief Secretaries of the Provinces, the Chief Commissioner of the ICT and the Inspectors General of Police shall forthwith establish a helpline or such other mode of direct access/communication as they may deem necessary to enable officials to inform them of any coercion or inducement by any person including, any political leader or public office holder, in this respect;

(e) the Chief Secretaries of the Provinces, the Chief Commissioner of the ICT and the Inspectors General of Police shall promptly take departmental action against any official who either violates this order or the directions and instructions issued by them, in this regard.

The judgment said any person, whether legal or natural, who undertakes any activity which results in violation of fundamental rights of the citizens within the ICT, shall be deemed to have violated the Constitution and shall be liable for the consequences stipulated under the law;

The IHC ordered that any public office holder, who undertakes any activity which results in violation of fundamental rights of the citizens within the ICT, shall be deemed to have violated the Constitution and his/her oath of office under the Constitution and shall be liable for the consequences stipulated under the Constitution and the law.

The judgment observed that the writ issued by this Court (IHC) under Article 199(1)(c) is distinct from those issued under paragraphs (a) and (b) of clause (1) of Article 199 of the Constitution.

It said the Court is mindful that it cannot issue any directions to the executive authorities performing functions outside its territorial jurisdiction under paragraph (a) of clause (1) of Article 199 unless they transgress and act within the jurisdiction of this Court.

However, the obligations of this Court under paragraph (c) are quite distinct. Under this paragraph, there is a positive duty imposed upon this Court to enforce fundamental rights of the persons or citizens within its territorial jurisdiction.

The IHC held that where any action or inaction of executive authorities or any other person, based on cogent information available on the record, results in or is likely to result in infringement of the fundamental rights of the citizens within the territorial jurisdiction of this Court, this Court shall assume jurisdiction and hold such executive authorities or any other person to account for their actions or inactions.

The judgment noted that the activities of said political party, in May-2022 and November-2024 in the ICT created serious security and law and order situation in the ICT. It is a matter of record that as a consequence of such activities of the PTI, public and private properties were damaged, citizens’ right to trade, business and profession was seriously hindered and obstructed, educational activities were seriously affected, and the movement of citizens residing in the ICT was restricted.

The IHC dismissed the contention of Advocate-General, Khyber Pakhtunkhwa has also objected that the Chief Minister of Khyber Pakhtunkhwa has not been impleaded. It noted that the entire petition proceeds on the premise that he has announced that he will lead the proposed march.

The judgment said that the notice issued to Advocate General KPK was not under Order XXVII-A of the CPC. “He was representing the Government of Khyber Pakhtunkhwa as well as the Chief Minister, Khyber Pakhtunkhwa, therefore, the objection is untenable and accordingly turned down.”

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