long march issue can be resolved politically: CJP

ISLAMABAD     –           The Supreme Court of Pakistan Thursday disposed of JUI-F Senator Kamran Murtaza’s petition to stop Pakistan Tehreek-e-Insaf (PTI) protest march and remarked that it is a political problem that can be solved politically. A three-member bench of the apex court headed by Chief Justice of Pakistan Justice Umar Ata Bandial and comprising Justice Ayesha Malik and Justice Athar Minallah conducted hearing of the case. During the hearing, Advocate General Islamabad Jehangir Jadoon informed the bench that the Islamabad administration had received a letter from the PTI leaders regarding the long march. He stated that the administration had demanded the PTI leaders to inform about the date, time and place of the protest march but they did not respond. The AG also informed the court that before the Wazirabad incident the PTI leaders talked bloodshed therefore the administration declined their request of holding long march in the federal capital. The case pertaining to the holding of long march in Islamabad is pending before the Islamabad High Court. Justice Athar remarked that in view of the development Kamran Murtaza’s petition has become infructuous. However, Additional Attorney General (AAG) Aamir Rehman stated that they were asking for apex court intervention in order to maintain peace in Islamabad. Justice Athar asked from the AAG that you are saying that the executive can maintain law and order. Rehman said on November 5 the federation wrote a letter to the government of the Punjab under Article 149 of the constitution. The Chief Justice said that the court can understand the federation’s worry. He added that they also want peace in the country. He further said, “Writing letter to the provinces under Article 149 is a very serious issue.” The Chief Justice asked the petitioner whether he is afraid that the incident of May 25, wherein the participants of the ‘Azadi March’ violated a court order about the limits set for it, may happen again. Justice Bandial also asked the senator if he has mentioned past violations in the application, adding that interference in these types of issues creates an awkward situation for the court. He also inquired that whether the participants had weapons. He added that the right to protest is not unlimited but is subject to constitutional limits. “You are saying that the long march is within the boundaries of Punjab. Have you contacted the Punjab government?” asked the Chief Justice. Justice Bandial further questioned whether the court can intervene if the link between the province and the federation is dysfunctional. “You are a senator, strengthen the Parliament,” the CJP told Kamran Murtaza. He also said that if there is a clear threat of constitutional violation, the judiciary will intervene. Justice Athar remarked that the executive has wide-ranging powers if someone violates it and asked if the administration and parliament would not be weakened by the intervention of the judiciary. The petitioner also informed the court that PTI’s long march started 2 weeks ago and according to senior PTI leader Fawad Chaudhry, the march will reach Islamabad on Friday and Saturday later this week. Murtaza further maintained that normal life may be affected due to the party’s long march. “Long march is the right of PTI but the rights of the common man should not be affected,” the senator told the court. APP adds: The Supreme Court on Thursday dismissed a petition against former prime minister and chairman Pakistan Tehreek-e-Insaf (PTI) Imran Khan’s long march towards Islamabad. Justice Ayesha Malik inquired whether the government had made any mechanism to regulate the protests. Justice Athar Minallah remarked that it was a matter for the executive and advised the petitioner to approach them. He said that the judiciary could intervene only in exceptional circumstances. He asked why the court should interfere when the administration can control the situation. Senator Kamran Murtaza said that the matter had gone too far as one person was killed in PTI’s long march. Justice Ayesha Malik inquired that PTI’s long march has been going on for a long time, had he approached the administration? She asked what the haste was in the case of long march and what was the negligence of the administration? Senator Kamran Murtaza said that an entire province had been paralysed due to the long march. Justice Athar Minallah said that if someone violated the laws, the executive had wide powers. He asked would not the administration and parliament be weakened by the intervention of the judiciary? Justice Ayesha Malik asked the petitioner to mobilise the administration to play its role. Every day there were protests in many places including Parliament in Islamabad, she said and asked had he ever approached the courts against other protests? She asked why the intervention of the court was required only in the long march of a particular political party. Chief Justice Umar Ata Bandial said that the petitioner had mentioned past violations in the application. The Long March was a political issue that could be solved politically, he added. He said that interference in such issues created a strange situation for the court. Addressing the petitioner, the Chief Justice said that he (Kamran) had mentioned an audio in his application which mentioned bringing weapons. Audio was true or false but it could disturb the law and order situation, he added. The Chief Justice said that the request for H-9 ground was given for PTI’s May 25 long march. When the administration refused to give H-9 ground, the Supreme Court intervened, he added. He observed that despite the allocation of the H-9 ground, the crowd went to D-Chowk. Addressing the petitioner, the Chief Justice said that he wanted the Supreme Court to play the role of Deputy Commissioner. Apparently, the court’s intervention in the case of Long March would be premature, he added. The Additional Attorney General said that a request has been received from PTI and pleaded the court to grant half an hour time as he would inform the court after receiving information from the relevant forum. He said that a similar case was also pending in the Islamabad High Court. The Additional Attorney General informed the court that the administration had asked the PTI to hold a rally in Rawat. The administration sought an affidavit from the PTI, which had not yet been filed, he added. Chief Justice Umar Ata Bandial said that if there was a clear threat of constitutional violation, the judiciary would intervene. The other party could have its own position on the violations, he added. He said that the matter became complicated for the court on violation of Supreme Court orders as court orders were for implementation. When the hearing resumed after a break, Justice Athar Minallah said that petition had become ineffective. Kamran Murtaza said that he wanted judicial intervention to maintain law and order in the country. Justice Athar Minallah inquired if he was saying that the situation had gone beyond the control of the administration. Justice Ayesha Malik asked whether the federal government did not know how to fulfill its responsibility. She questioned what could the Supreme Court do in administrative matters? Justice Athar Minallah remarked that the state was powerful and empowered. The bench could understand that he was worried about the current situation. The government could stop the protest anywhere and every citizen was affected by such a situation, he added.

Article source: https://www.nation.com.pk/18-Nov-2022/long-march-issue-can-be-resolved-politically-cjp