Summary Constitution permits peaceful protests, petitions shall therefore be dismissed says Barrister Zafar.
ISLAMABAD (Dunya News) – Pakistan Awami Tehreek (PAT), Pakistan People’s Party (PPP), Awami National Party (ANP), Jamat-e-Islami (JI) and Balochistan National Party (BNP) submitted their respective responses in the Supreme Court today.
PAT in their response has insisted the court to dismiss the petitions and advise the government to accept their demands. Barrister Ali Zafar submitted the response on behalf of PAT stating that the petitions should not be heard as the right to peaceful protest has been granted by the constitution.
Any petition against the people’s protest is beyond court’s domain. Sit-ins and protests are political issues and the court is not allowed to interfere in political matters. It is therefore the prime responsibility of the Election Commission to give decisions over electoral issues, he added.
In the response submitted by PPP, ANP, JI and BNP-A it has been stated that they have complete faith on the courts but the court should refrain from dictating the lineaments of the constitution in regard to the political activities. It has also been forced upon that implementation of Article 15, 16 and 17 should be left bestowed upon the parliament and the relevant provincial assemblies. These articles are related to the freedom of movement, protests, gatherings and party building.
It has also been affirmed that Supreme Court is playing its due role for the supremacy of law and constitution and the SC has proved its freedom over their political judgments.
Earlier, hearing of the extra-constitutional step case was conducted by a 5-member larger bench presided over by Chief Justice Nasirul Mulk at the Supreme Court in Islamabad on September 3.
Aitzaz Ahsan represented Pakistan Peoples’ Party (PPP) and Jamat-e-Islami (JI), senator Raza Rabbani represented Awami National Party (ANP) and Balochistan National Party Awami (BNP-A), Akhter Shah represented All Pakistan Muslim League(APML), Iftikhar Gillani represented members of the parliament from FATA whereas barrister Yousaf Khosa represented Pakistan Tehreek-e-Insaf (PTI) in the court. Pakistan Muslim League Nawaz (PML-N), Muttahida Quami Movement (MQM) and Muslim League Zia had no representation.
As the hearing commenced Aitzaz Ahsan said the protesters have occupied the premises of the parliament and requested the court to issue orders to vacate the area. Parliament is as sacred as the Supreme Court, he added. Sc should therefore order the protesters to move out of the parliament’s premises. He furthermore demanded a quick solution to the issue as two parties have occupied the Constitution Avenue.
Chairman Awami Muslim League (AML) Sheikh Rasheed said containers have added to the problems faced by the people. Ensure us that there won’t be a crackdown and we shall vacate the area, he added. He assured that there would be no anarchy and violence. We respect the Supreme Court and our protest is against the rigging in the democratic system. He reassured that he would play his due part to vacate the lawn of the parliament.
On this occasion, Justice Nasirul Mulk said as long as the protesters were at the Constitution Avenue, no shelling or crackdown was conducted. We shall summarize the basic rights in the final decision regarding the extra-constitutional steps. Justice Saqib Nisar said they are not concerned with whatever happens in the parliament. All the government offices are closed and government property and roads are being attacked and occupied. “Is there any limit to the basic rights?” he emphasized.
Justice Zaheer Anwar Jamali said we have to take concrete decisions and define responsibilities so that nothing alike happens in future. He directed the Attorney General to fetch the records and advise upon the losses suffered due to the sin-in protests.
Justice Jawad S Khawaja said we were given the assurance in writing that none of the protesters would enter any of the government buildings. If they are not willing to obey our orders or submit to the constitution, they should openly confess that. He accused that lawyers of both the political parties say one thing in the court and do otherwise. We are not able to fathom what’s going on, he added. Both PTI and PAT have admitted that it’s now beyond their control. He insisted that anarchy may not be allowed. The containers would no longer be needed if the protesters deviate. It is the responsibility of the government to take ample security measures.
After hearing out the arguments from both sides, the court permitted Sheikh Rasheed to vacate the building of the parliament house and the secretariat and adjourned the hearing of extra-constitutional step case till Friday.
