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Petitioner: FAIZ AHMED CHEEMA VS Respondent: FEDERATION OF PAKISTAN through M/o Interior IslamabadHonorable Justice Shaukat Aziz SiddiquiBarrister Jehangir Jadoon,S. Naeem Bukhari
2018 C L C 856 [Islamabad] Before Shaukat Aziz Siddiqui, J FAIZ AHMED CHEEMA----Petitioner Versus FEDERATION OF PAKISTAN through M/o Interior Islamabad and 3 others----Respondents W.P. No.3844 of 2016, decided on 31st October, 2016. 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. 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. Abdur Rashid Sheikh Petitioner in person. Raja Zubair Hussain, and Syed Nauman Shah, for Petitioners (in W.P. No. 3914/2016). Mian Muhammad Faisal, Advocate, for Petitioner (in W.P. No.3931/2016). Muhammad Nasir Shehzad, for Petitioner in person. Mian Abdul Rauf, Advocate General, ICT. Afnan Karim Kundi, Addl. Attorney General. Arshad Mehmood Kiani, DAG, Arshad Jadoon, DAG, Fazal-ur-Rehman Khan Niazi, DAG and Ch. Abdul Khaliq Thind Standing Counsel. Zulfiqar Haider, Chief Commissioner, ICT, Islamabad, Cap. (R) Mushtaq Ahmed, District Magistrate/Deputy Commissioner. Tariq Masood Yasin, IG, ICT, Islamabad. Sajid Mehmood Kiani, SSP Operation, Azhar Shah, DSP (Legal), Abdul Rauf, Inspector. Haji Adam, D.G (Monitoring), PEMRA. Ali Zeshan Gondal, Incharge (Litigation) PEMRA. S. Naeem Bukhari, Dr.. Babar Awan ASC, Jalil Shah, Ajmal Ghaffar Toor, Mubashir Najib, Malik Naseem Abbas Nasir, Basharat Ullah, Raja Haider Ali, Saira Mehreen Abbasi, Ch. Zaheer Ahmad, Shoukat Mehmood Khan, Maqsood Ali Khan, Mirza Asim Baig, Ch. Asif Nasim Abbas and Niaz Ullah Khan Niazi, Advocates for Respondent No. 4.. Date of hearing: 31.10.2016. ORDER 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. S. Naeem Bukhari and Dr. Babar Awan, ASC submitted that Respondent No.4 has no confidence in this Court, therefore, I may recues myself from hearing the instant matter. Petitioners and their learned counsel as well as Additional Attorney General, Advocate General seriously opposed the request. 3. I am totally convinced that there is no reason for me to recues myself from hearing this case as being custodian of the fundamental rights of the people; it is my responsibility to dispense justice without fear and favour, affection or ill-will. I am answerable to Almighty Allah and my loyalty is with Pakistan and the Constitution not with any litigant. 4. The Inspector General of Police, ICT also submitted report about the persons in arrest. All persons arrested are vide following registered cases, therefore, remedy under the law may be availed. The detail of registered cases is as under:--
Sr. No.
Case FIR No.
Dated
Offence
P.S.
1.
313
28.10.2016
188, P.P.C.
Golra, Islamabad
2.
163
28.10.2016
440/353/186/149/143/145, P.P.C.
Bani Gala
3.
164
28.10.2016
186/188/143/145, P.P.C.
Bani Gala
4.
314
28.10.2016
188, P.P.C.
Golra
5.
181
29.10.2016
188, P.P.C.
Shehzad Town
6.
394
29.10.2016
188, P.P.C.
Koral
7.
165
23.10.2016
188, P.P.C.
Bani Gala
8.
315
30.10.2016
440/511/34, P.P.C.
Golra
9.
407
30.10.2016
188/134/145/440/353/185/148/49, P.P.C.
Industrial Area 1-9
10.
392
30.10.2016
188, P.P.C.
Bhara Kahu
11.
407
30.10.2016
440/353/186/188/148/149/1 43/144/145/109, P.P.C. Total 08 persons were arrested under. FIR No. 407, dated 30.10.2016.
Industrial Area, 1-9
5. The District Magistrate pointed out the incident of yesterday in which large number of weapons allegedly recovered from one of the MPA of PTI. The different speeches addressed by Chairman Pakistan Tehreek-e-Insaf, telecasted by different T.V. News Channels were also played through multimedia in the Court in presence of Mr. S. Naeem Bukhari, Dr. Babar Awan and all other learned counsel for the parties. PEMRA authorities also produced CDs of the scripts of Speeches. The Court also enquired from I.G and SSP Operations as to whether any container is installed within the territory of Islamabad; they submitted that no container is installed within the ICT. Following two contents of the Speeches/statements of Mr. Imran Khan, dated 15.10.2016 and 23.10.2016 are reproduced herein below:--
6. In this view of the matter, for the reasons to be recorded later on, instant petition with all connected Writ Petitions i.e. W.Ps. Nos.3845, 3846, 3847, 3860, (sic), 3914, 3926, 3927, 3930, 3931, 3932, 3937, 3938, 3939, 3940, 3948, 3772 and 3919 are disposed of with the following declaration and direction:- "(i) That freedom of Assembly, movement and expression is right of every citizen guaranteed by the organic law of the country i.e. Constitution of Islamic Republic of Pakistan as enshrined under Par-II, Chapter-1. But these rights are not unbridled. If to lodge a protest is right of any citizen, not to lodge a protest is also right of every citizen. Nobody can be compelled to do which is not permissible under the law and no one can be deprived to do which is permissible under the law. All these petitioners apprehend serious threat to their fundamental rights guaranteed by the Constitution under Articles 9, 14, 15, 16, 18 and 19 of the Constitution of Islamic Republic of Pakistan. The speeches of the Respondent No. 4, Mr. Imran Khan, Chairman, Pakistan Tehreek-e-Insaf played in Court clearly suggest that intent and object is 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. (ii) In this light of order passed by this Court, finally decided on 6th of Nov. 2015 a place with the name of "Democracy Park and Speech Corner" is a notified place for these type of activities, therefore, District Magistrate in compliance of the order of this Court dated 27.10.2016 informed, Respondent No.4. Copy of the letter addressed to Respondent No.4 has been placed on record, according to District Magistrate the letter has not been responded too. It is directed that. If, Respondent No.4, Mr. Imran Khan, shows his willingness to stage the protest or hold Sit in at designated place, the Federal Government and District Administration may allow such activity. (iii) In order to ensure the protection to life, security, person, property and other fundamental rights of the Citizens of ICT, the State is duty bound to protect these rights and take all remedial steps in accordance with law. And if fee any attempt is made to block or lock down the ICT or any effort is made to disrupt the normal life of the city, the Administration has the authority to deal with the situation as per mandate of law. MWA/42/Isl Order accordingly.