ISLAMABAD: The Islamabad High Court has issued its detailed verdict in a case concerning the Pakistan Tehreek-e-Insaf’s (PTI) proposed September 27 protest and long march, observing that any activity that violates citizens’ fundamental rights would amount to a violation of the Constitution.
A larger bench headed by IHC Chief Justice Sarfraz Dogar issued the detailed judgement.
The court said political parties have a constitutional right to peaceful assembly and political dissent, but their right to protest is subject to the Constitution and the law.
It observed that citizens’ rights to life, liberty, dignity, freedom of movement and business are protected by the Constitution, stressing that a constitutional balance must be maintained between the right to political protest and the fundamental rights of other citizens.
The court said Article 15 of the Constitution guarantees citizens the right to move freely throughout Pakistan, while Article 16 provides the right to peaceful assembly without arms.
However, restrictions on the right of assembly can only be imposed in accordance with law and to a reasonable extent in the public interest, the court ruled.
The IHC further observed that Article 17 guarantees citizens the right to form associations and unions, while restrictions on freedom of assembly may be imposed under the law in the interest of public order.
The court said the continuity of the normal functioning of constitutional institutions in Islamabad is also of fundamental importance.
It noted that citizens have the right to access hospitals, educational institutions and courts, adding that these rights cannot be compromised because of political activities.
The judgment said any activity resulting in a violation of citizens’ fundamental rights would constitute a violation of the Constitution and the person responsible would face legal action in accordance with the law.
It further observed that if the fundamental rights of citizens are affected because of the actions of a government official, it would amount to a violation of the official’s oath.
“Those responsible for violating the Constitution and law will have to face the consequences,” the court said.
The court also raised the question of the extent to which a high court can intervene in a political protest before it actually takes place.
The judgment emphasised that the right to political protest and the fundamental rights of other citizens must be balanced within the constitutional framework.
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