Islamabad High Court Denies Permission for PTI’s Protest, Orders Negotiations with Interior Minister’s Committee

Islamabad:The Islamabad High Court has refused to grant permission for any form of protest or sit-in in the federal capital and has directed Pakistan Tehreek-e-Insaf (PTI) leadership to engage in negotiations with a committee formed under the leadership of Federal Interior Minister Mohsin Naqvi.

On Thursday, Chief Justice of the Islamabad High Court, Justice Amir Farooq, issued a written ruling in response to a petition filed by Asad Aziz on behalf of the government of Pakistan. The ruling addressed concerns raised regarding the potential disruptions caused by political activities, particularly protests and sit-ins in Islamabad.

The court’s ruling noted that representatives from the Ministry of Interior, the Islamabad Capital Territory (ICT) administration, and law enforcement agencies had appeared before the court, informing that PTI members were planning to stage a protest and sit-in in the capital. The authorities confirmed that they were making joint efforts to maintain law and order and prevent any disruptions to the daily lives of ordinary citizens.

The petitioner’s lawyer argued that political activities, including protests and sit-ins, often brought life in the ICT to a standstill, thereby violating the petitioner’s fundamental rights to free movement and livelihood. The petitioner, a businessman, asserted that such disruptions were affecting his constitutional rights.

The court’s written decision stated that while citizens have the fundamental right to protest under the Constitution, this right is subject to reasonable and proportionate restrictions in the interest of public order. The ruling emphasized that any restrictions on protests must be justified by legitimate concerns for the greater public good.

Noting the sensitivity of Islamabad as the country’s capital, the court referenced the recently enacted Public Order Act, 2024, which requires prior written permission from the District Magistrate for any assembly in the federal capital. The court observed that no such request had been submitted by PTI as of the ruling’s date.

The court was also informed that the President of Belarus, accompanied by over 60 officials, was scheduled to visit Pakistan on November 24, 2024, and that their safety and freedom of movement were of utmost importance due to the diplomatic implications. The ruling highlighted that this situation required careful consideration of broader public interests.

While the court acknowledged that informal discussions had taken place between PTI leadership and government representatives, it pointed out that no formal negotiations had been conducted. The court directed that, considering the fundamental rights of PTI’s members to peaceful assembly, a committee should be formed under the leadership of the Interior Minister or another designated official to hold formal talks with PTI leadership.

The committee, the court ruled, would need to address the sensitivities around the Belarusian President’s visit while ensuring that any protests or assemblies remain within the bounds of the Public Order Act, 2024. The Interior Minister was given the authority to include other relevant officials in this committee, including the Chief Commissioner and IG of ICT.

The court also emphasized that if no meaningful progress was made through negotiations, the responsibility for ensuring peace and security would lie with the authorities, and no protests, rallies, or sit-ins would be permitted that violate the law.

Finally, the court requested that a report be submitted by the authorities before the next hearing, detailing the progress of the negotiations and any actions taken to maintain law and order.

The case involves several prominent legal figures, including Raja Rizwan Abbasi and Danish Ashraq Abbasi, representing the petitioners, as well as additional attorney generals and other officials from the federal and ICT government.

This decision marks a significant step in managing political activities in Islamabad, balancing the right to protest with the need to maintain public order in the capital.