ISLAMABAD: The Islamabad High Court (IHC) Monday dismissed the PTI’s plea seeking the revocation of CrPC Section 144 in the capital as the party seeks to pave way for its upcoming march.
The federal government has imposed Section 144 for banning gatherings ahead of the march, but undeterred by it, PTI Chairman Imran Khan has warned the rulers against taking any steps to stop their rally.
In the PTI’s bid to stop the government from taking action against it during the long-march, the party filed a petition in the IHC to nullify the notification — but the IHC dismissed it after holding a hearing.
IHC Chief Justice Athar Minallah Monday also told PTI leader Asad Umar — the petitioner — to revoke Section 144 from Punjab and Khyber Pakhtunkhwa via their respective assemblies first and then approach this court against the law.
At the outset of Monday’s hearing, PTI’s counsel Babar Awan argued that the district magistrate has imposed the section for two months which is against the law.
At this, the CJ inquired the petitioner how his rights are violated. In response, Awan said that a rally can not be brought out in these circumstances.
Justice Minallah said that there’s a procedure that needs to be followed to seek permission for a rally and a judgment has also been issued in this regard. he also asked the counsel if he had read the plea. “The party has government in two provinces have they never imposed Section 144?” asked the chief justice.
He said that the law and order is an executive matter and the court will never interfere in it. “Did the PTI government never impose this law during their tenure in Islamabad?” During an argument, the chief justice reminded that Umar is still an MNA.
“You have governments in Punjab and KP. Go and first repeal this law from the assemblies and then come to this court.” After the arguments, the IHC reserved the verdict on the maintainability of the plea.
In his petition, Umar prayed that Section 144 of the Code of Criminal Procedure, 1898 — being a reflection of colonial legacy — be declared ultra vires to the express provisions of the Constitution of Pakistan, as well as the fundamental rights guaranteed by the constitution.
“It is further prayed that issuance of notifications under the garb of provisions of Section 144 of Code of Criminal Procedure, 1898, imposing continuous restrictions of more than two months be declared void ab initio, illegal, unlawful, against the express provisions of Article 4, 8, 10-A, 15, 16 and 17 of the constitution of the Islamic Republic of Pakistan, in the interest of justice.” –Agencies
