In a hearing regarding a petition challenging the Pakistan Tehreek-e-Insaf (PTI) protest scheduled for November 24, the Peshawar High Court addressed concerns over the use of government machinery and potential road blockages.
A two-member bench, led by Justice Syed Arshad Ali and Justice Waqar Ahmed, heard the case.
During the proceedings, the advocate general informed the court that the chief secretary had issued a notification, ensuring that government machinery would not be utilized during the protest. The court responded positively, agreeing to issue an order confirming this decision.
The petitioner's lawyer said the defendants always claim they won't use government machinery but end up doing the opposite.
During the hearing, Justice Syed Arshad Ali remarked that if the chief minister travels somewhere, only an ambulance should accompany him, not heavy government equipment.
Also Read: IHC and PHC moved to halt PTI's November 24 protest
The petitioner's lawyer expressed concerns about potential disruptions caused by the protest, particularly highlighting the impact of road closures on businesses. Justice Waqar Ahmed lightened the mood with a remark about the petitioner’s tyre business, stating that if vehicles participated in the protest, their tyres might be damaged.
The petitioner's lawyer argued that people suffered due to road closures, at which Justice Ali remarked that they did too. He further asked if the government says it is not going to protest, yet people go ahead, what will happen then. "We cannot stop people," he added. The lawyer said roads should not be blocked in protests.
"The people are fed up with the federal government and [KP] government too, what to do with them?" asked Justice Arshad Ali.
Also Read: IHC orders no protests without legal approval in Islamabad
The advocate general argued that the court should issue orders to the federal government not to block roads, adding that peaceful protest is the constitutional right of every citizen, which cannot be snatched.
A day ago, the Islamabad High Court (IHC) issued a clear directive to the administration, stressing the importance of adhering to the law regarding protests, sit-ins, and rallies. The decision came in response to a petition filed by businessman Asad Aziz, which raised concerns about disruptions to the lives and livelihoods of residents due to political gatherings announced by PTI on November 24.
In his written judgment, Chief Justice Aamer Farooq stressed the constitutional balance between the rights to assembly and movement, stating that these rights are subject to reasonable and proportionate restrictions. The court cited the recently enacted Peaceful Protest and Public Order Act 2024, which mandates prior approval from the District Magistrate for any public assembly in Islamabad.
