Chief Justice of Pakistan (CJP) Umar Ata Bandial on Thursday dismissed a petition to cease Pakistan Tehreek-e-Insaf’s (PTI) ‘Haqeeqi Azadi’ march and remarked that it’s a political drawback that may be solved politically.
The CJP made the remarks in the course of the listening to of a petition filed by Senator Kamran Murtaza towards the PTI’s lengthy march.
The chief justice requested the petitioner whether or not he’s afraid that the incident of Could 25, whereby the members of the ‘Azadi March’ violated a courtroom order concerning the limits set for it, might occur once more.
In the course of the listening to, Justice Bandial additionally requested the senator if he has talked about previous violations within the utility, including that interference in these kinds of points creates an ungainly scenario for the courtroom.
Whereas referring to PTI’s ‘Azadi March’ which was held earlier this yr in Could, the CJP inquired whether or not the members had weapons, including that the correct to protest shouldn’t be limitless however is topic to constitutional limits.
Learn: ‘Unknowingly’ violated SC Could 25 orders: Imran
“You might be saying that the lengthy march is throughout the boundaries of Punjab. Have you ever contacted the Punjab authorities?” requested the chief justice.
Justice Bandial additional questioned whether or not the courtroom can intervene if the hyperlink between the province and the federation is dysfunctional.
“You’re a senator, strengthen the parliament,” the CJP informed the senator. He additionally mentioned that if there’s a clear risk of constitutional violation, the judiciary will intervene.
Justice Minallah then remarked that the manager has wide-ranging powers if somebody violates it and requested would the administration and parliament not be weakened by the intervention of the judiciary.
In the course of the listening to to request to cease the lengthy march, the courtroom additionally inquired whether or not the place for the march has been decided and known as Further Lawyer Basic Chaudhry (AAG) Amir Rehman to the podium.
The AAG informed the courtroom that the administration had requested PTI to carry a rally in Rawat, including it had sought an affidavit from the PTI, which has not but been filed.
Justice Minallah requested the AAG whether or not he’s implying that the state is helpless and can’t do something.
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To this Rehman replied that if 20,000 folks arrive within the capital, it turns into troublesome to cease them virtually, including that the federal government needs to keep away from any bloodshed.
The CJP then remarked that each citizen is affected by such a scenario. Nevertheless, he maintained the courtroom doesn’t wish to give an order that isn’t adopted.
In the course of the listening to, the petitioner additionally knowledgeable the courtroom that PTI’s lengthy march began 2 weeks in the past, including that based on senior PTI chief Fawad Chaudhry, the march will attain Islamabad on Friday and Saturday later this week.
Murtaza additional maintained that standard life could also be affected as a result of occasion’s lengthy march.
“Lengthy march is the correct of PTI however the rights of the frequent man shouldn’t be affected,” the senator informed the courtroom.
Justice Ayesha Malik then inquired whether or not the federal government has made any mechanism to manage the protest.
“Do you suppose that the administration has turn into so weak that it can not management the lengthy march?” questioned Justice Athar Minallah.
Learn: Divide and conquer? PTI lengthy march splits in two
The petitioner replied that evidently the administration can not management the scenario. Nevertheless, the CJP maintained that apparently, the intervention of the courtroom within the case of the lengthy march shall be untimely.
Justice Minallah additional mentioned that it is a matter for the manager and that it needs to be referred to them, including that the judiciary can intervene solely in distinctive circumstances.
“Why ought to the courtroom intrude when the administration has wide-ranging powers to manage such a scenario?” remarked Justice Minallah.
Whereas giving additional arguments within the courtroom, the senator maintained that the matter has gone ‘too far now’ and added that an individual was killed within the tried assassination try on PTI chief Imran Khan.
To this, Justice Ayesha questioned if the petitioner had approached the administration because the march has been happening for a lot of days now.
“What’s haste within the case of the lengthy march and what’s the negligence of the administration?” Justice Ayesha additional questioned.
“There are protests in lots of locations together with Parliament in Islamabad. Have you ever ever gone to courtroom towards different protests? Why is the intervention of the courtroom obligatory within the lengthy march of a selected occasion?” Justice Ayesha questioned.
The senator additional knowledgeable the courtroom that he has filed the petition in a private capability. To this Justice Minallah remarked, “how can we consider that you’re a a part of the federal government and have are available a private capability?”
Advocate Basic Islamabad Jahangir Jadoon additionally appeared within the SC. The chief justice inquired what the administration has carried out concerning the lengthy march.
Jadoon informed the courtroom that the administration had requested the PTI concerning the date, time, and place, which had not been replied to.
“Earlier than the Wazirabad incident, PTI talked about bloodshed. After the Wazirabad incident, the administration refused to permit PTI to enter Islamabad,” he mentioned.
The advocate normal furthered that the case on the permission of the rally in Islamabad is pending within the IHC.
The courtroom then dismissed the senator’s petition towards the PTI’s lengthy march.