ISLAMABAD  -  The Islamabad High Court (IHC) Thursday issued notices in a contempt of court petition against Pakistan Tehrik-e-Insaf (PTI) over its November 24 protest.

A single bench of IHC comprising Justice Aamer Farooq conducted hearing of contempt of court petition filed by the president of the F-7 traders’ association.

Besides issuing the notices, the IHC bench also sought a response from the respondents regarding the November 24 protest. During the hearing, the petitioner’s counsel Raja Rizwan Abbasi argued that despite the clear orders of the high court, thousands of protesters entered Islamabad, disrupting the city’s operations.

In response to the violation of court orders, the bench issued a notice to PTI directing it to submit its reply by next week. The court also issued notices to the Secretary of the Interior, Chief Commissioner, Deputy Commissioner, and Islamabad Inspector General (IG), directing them to submit their responses on the next hearing.

In the contempt petition, Jinnah Super Market (Sector F-7) traders urged the IHC to initiate contempt proceedings against the former ruling party for staging protest demonstration in the capital, suspending the daily life and businesses. Earlier in their main petition, counsel for the petitioner contended that life in Islamabad Capital Territory comes to a complete halt whenever there is any political activity, protest or sit-in. He contended that the petitioner is a trader by profession and has fundamental right of livelihood and freedom of movement as enshrined in the Constitution.

It was submitted that it is the obligation of respondents No.1 to 4 to ensure that whenever there is any political activity or protest, no hindrance is caused in the fundamental rights of the petitioner or for that matter any citizens of Islamabad Capital Territory.

Later, Justice Aamer wrote in his five-page written order that after hearing the Minister for Interior, Advocate General, ICT, Islamabad and learned counsel for the petitioner, it is clear that respondent No.5 has made an announcement to hold a political rally and sin-in in ICT on 24.11.2024. He added that in somewhat similar circumstances, this court, in Writ Petition No.2974/2024, vide order dated 05.10.2024, observed that fundamental rights of freedom of assembly and movement are provided to the citizens of Pakistan, however, they are subject to proportional and reasonable restrictions. It is also provided in the Constitution that such restrictions are only justifiable through legitimate purposes which must be in the best interest of the larger public.

He noted, “Maintenance of peace and law and order in Islamabad Capital Territory is the responsibility of the Ministry of Interior and ICT Administration and while performing their duties and functions, the principles of proportionality and legitimacy of public purpose and aim bind the said authorities to prevent harsh or disproportionate restrictions which would otherwise amount to unlawful infringement of rights.”

 “Keeping in view the sensitivity of the Capital of the country, the legislature recently enacted Peaceful Assembly and Public Order Act, 2024, whereby for an assembly in Islamabad Capital Territory, an application is to be made in writing to the District Magistrate not later than seven days of the intended assembly (Section 3 ibid).

The referred application is to be processed and appropriate order is to be given regarding permission for assembly. This Court was informed that till to date, no such application has been made,” maintained the bench.

He contineud, “Keeping in view the freedom of movement and assembly and fundamental rights of followers of respondent No.5, they have that right which is subject to law ibid Peaceful Assembly and Public Order Act, 2024, it would be appropriate that respondent No.1 constitute the committee to be headed preferably by the Minister for Interior or any other person to engage with the leadership of respondent No.5, informing them of the sensitivity over the weekend due to movement of the President of a foreign country. The terms of engagement can be put forward and settled by respondent No.1. The committee so constituted shall also include the Chief Commissioner, ICT, and any other person which the Minister for Interior deems appropriate.”