Muristek
‘Peaceful protest a constitutional right but state permission is required’
ISLAMABAD: The Supreme Court of Pakistan (SCP) has ruled that peaceful protest was a constitutional right but it must be exercised by permission of the state, ARY News reported on Wednesday.
The Supreme Court has issued a written order on the plea filed by the Islamabad High Court Bar Association (IHCBA) against the government’s decision to block roads to stop Pakistan Tehreek-e-Insaf’s (PTI) “Azadi March“.
The 12-page written order was issued by Chief Justice of Pakistan (CJP) Umar Ata Bandial. According to the decision, if there is no restriction in the light of Articles 15 and 16, then protest should be allowed.
“No one can be deprived of the right to protest without legal excuse,” the apex court ruled, adding that the government officials don’t have the right to disrupt people’s lives and cannot harm anyone’s property.
In the written order, the chief justice said the May 25 order created a balance between the rights of the protesters, ordinary public and the State’s duties. “This was not in good faith but, the court’s bona fide effort was disrespected”, the verdict added.
The court dismissed the petition, saying that it has become infructuos after the PTI has called off the protests, and the capital’s roads were open. Justice Yahya Afridi’s dissenting note was also included in the Supreme Court’s verdict.
It is pertinent to mention here that PTI had approached the SC against arrests and blockades during the long march led by party chairman Imran Khan and asked the apex court to provide protection against these tactics in future.
The PTI in its plea asked the apex court to direct federal and provincial governments against violent measures against the peaceful marchers in future besides also issuing directives to the inspector generals of police (IGs) against the arrest of leaders and activists of the PTI.