Case Details

Citation(s)
2018 SLG 1257 2018 SLD 1257 2018 CLC 856
Islamabad High Court
W.P. No. 3844 of 2016, decided & hearing on 31-10-2016.
SHAUKAT AZIZ SIDDIQUI, JUSTICE
Barrister Jehangir Jadoon, Inam-ur-Rahiem, Malik Muhammad Siddique Awan, Adil Aziz Qazi, Mir Farooq Sulehria, Ch. Naeem Ali Gujjar, Arshad Mehmood, for Petitioners in their respective Writ Petitions. Raja Zubair Hussain, and Syed Nauman Shah, for Petitio

FAIZ AHMED CHEEMA

VS

FEDERATION OF PAKISTAN THROUGH M/O INTERIOR ISLAMABAD AND 3 OTHERS

Law:

Section:

Constitution of Pakistan --- ----Arts. 15, 16 & 19---Freedom of members of a political party to hold a sit-in protest---Scope---Freedom of assembly, movement and expression was the right of every citizen guaranteed by the Constitution, but said freedoms were not unbridled---Content of speeches of the leader of the political party that sought to protest clearly suggested that intent and object of the protest was not merely lodging of protest but apparently a move to stop the elected Government from functioning and performing its day to day affairs and also to keep away the citizens from enjoying their Fundamental Rights, which obviously tantamount to abridgment of the Constitutional rights of citizens---High Court directed that in order to ensure the protection of life, security, person, property and other Fundamental Rights of the citizens of the city where the protest was scheduled to take place, the State was duty bound to protect said rights and take all remedial steps in accordance with law; that if any attempt was made to block or lock down the city or any effort was made to disrupt the normal life of the city, the administration had the authority to deal with the situation as per mandate of law. THIS ORDER PASSED BY: SHAUKAT AZIZ SIDDIQUI, J.--- Messrs. S Naeem Bukhari and Dr. Babar Awan, ASCs put appearance on behalf of Respondent No.4. 2. At the very outset, Court enquired from the District Magistrate that as to whether in compliance of order dated 27.10.2016; Respondent No.4 has been intimated about the designated place? District Magistrate answered in affirmative and also placed copy of the letter addressed and duly served upon, Respondent No.4. When asked from Mr. S. Naeem Bukhari, ASC about the response of Respondent No.4, he submitted that as per instructions, people will be invited to assemble at the designated place but thereafter shall proceed towards, Islamabad City. When asked that why not to remain at a designated place as offered by the District Administration? learned counsel sought 10 minutes time to make a statement. The request of learned counsel was acceded to. After the break of 20 minutes, Court took up the matter again and M/s.…
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