ISLAMABAD:
Supreme Court on Wednesday requested reports from director-generals of Inter-Services Intelligence (ISI), Intelligence Bureau (IB) and IG Islamabad, Internal Affairs secretary and others over alleged involvement of PTI Leaders in incitement party Workers reach D-Chowk in Islamabad in violation of Resolution of the Supreme Court of May 25.
“AGP says PTI workers and supporters have moved forward in D-Chowk area in answer to call made by its leader. Despite this request from the AGP, we are showing restraint. for time for number of the reasons. First, Mr. Imran Khan called off rally /public meeting. It gives a break to the charged crowd, witnessed last night”, a written order issued by a majority of the members of more bench headed by Chief Judge of said Pakistan Umar Ata Bandial.
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It said that prudence advises to give time for sanity will prevail among the parties concerned. “In any event, facts and materials need assemble to set sequence of eventspersonality of criminals and of instigators, if any. Therefore, it is instructed at this stage that the IGP ICT, Chief Commissioner of the ICT, Secretary of the Ministry of The Ministry of Internal Affairs, the Main Intelligence Directorate and the Director General of ISI to submit reports with answers to questions, ”the order says.
The order asked the executive authorities to inform at what time Imran Khan committed announcement for party workers to get to D-Chowk.
“When, where and how did the crowd cross the barricade to enter the hitherto closed area. Was the crowd that entered the Red Zone organized, controlled or move randomly? Were there acts of provocation or violation of guarantee from government? Was any action or treatment followed out Police ICT against protesters are disproportionate to actual or perceived wrong committed by protesters,” the court posed the question.
Court also asked how many protesters managed to enter the red zone. “What security measures, if any, have been relaxed by the executive branch? Were any security barriers breached or breached by protesters?party does the worker reach the ground G-9/H-9? How many civilians were injured, killed, hospitalized or arrested,” the order says.
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The order states that these reports must be submitted within one a week for reading in chamber members of this is bigger bench.
However, one member of the more bench Judge Yahya Afridi disagreed with the majority opinion, saying that there were enough material available sue in contempt of court against former prime minister Imran Khan over violation of May 25 order.
“There is need for verification of including factual aspects of in events what happened in order for court to evaluate and decide whether the action is for violation of assurances/undertakings given to the Court and registered in our order dated 05/25/2022 must be initiated and against whom.”
The court noted that the disregard of representations and undertakings given to the court shall be subject to separate proceedings from this one. Hence it is added that prayer made according to the studied AGP in these arguments are wrong.
The court rejected the AGP’s application. “In order for independent litigation to be maintained, relevant and credible material must be submitted to court for this is to assess whether there are good reasons to justify the relevant actions against perpetrators, if any, added.
Court also noted that the directions to the executive authorities in his order of 25 May was aimed at protecting the constitutional rights of in people of Pakistan as a guarantee in Article 15 establishing the right of free movement and Article 16, which protects their right of freedom of assembly.
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“These constitutional provisions should be read in compound with the most important right guaranteed by the Constitution, namely the right to life. Violation of the right to live of Article 9 citizens of Constitution caused through arrest of hundreds of political workers across the country, without recording the FIR and without serving detention the orders were accordingly canceled by our aforementioned order as a protective measure in accordance with the Constitution. However, it should be understood that each of the aforementioned fundamental rights are subject to appropriate qualification. Regulations of Articles 9, 15 and 16 of The constitution can be read to appreciate this point. The right to life and liberty is interpreted broadly and must not be interfered with. with except as provided by law.”
The court held that freedom of movement may be subject to reasonable restrictions established by law in in public interest, adding that freedom of assembly may be subject to similar restrictions applied in interest of public order.
“The above limitations on the rights granted by the Constitution empower the state to take only such reasonable, proportionate and lawful action as is necessary in to help of public interest and public order so that public place, public life and property not disturbed or destroyed.”
“Acting in accordance with these assurances on on behalf of of top management of PTI and issuance of referrals to the governmentOur order of 05/25/2022 created a balance between mutual rights and obligations of protesting people public and responsibilities of state,” the order says.
He said the balance was written in good trust the court, trust statements made on on behalf of of two opposing sides in front of him. “We note with disappointment that good faith efforts made the court was disrespectful, added.
“While this was to create harmony between the two opposing sides for for the sake of of protection public interests and constitutional rights of in people such an order was accepted, trusting the representations made and assurances given to the court.”
The court ruling stated that the trust placed by the court on parties before he gives their actions moral legitimacy and authority.
“The resulting high moral ground lends credibility to law and propriety of actions taken by such parties. In this case, to put it mildly, the moral superiority of the parties has decreased, because public rights, interests and property of selfless public were hacked and badly damaged.
The order stated that the court expected high officials of nationwide executive and senior leadership of PTI and other political parties must abide by and establish a fair code of ensuring free, fair and peaceful political activity in country leading to the holding of in national elections.
“It can be repeated that although the right of peaceful protest is a constitutional right, it must be exercised with the permission of the state. Such permission must be granted unless reasonable restrictions are imposed. on good reason in terms of Articles 15 and 16 of Constitution. In other words, right of a protest cannot be dismissed without legal, reasonable and proportionate grounds, and such an executive body cannot prevent public life or hurt public or private property”, it says.
The court ruling stated that any violation of stipulated balance in this name is recognized by the competent courts in accordance with the Constitution and the law for law enforcement.
Court also dispose of of petition by Islamabad High Court Bar Association in this connection.
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