PTI protest: IHC rules no authority can block Islamabad roads

ISLAMABAD: The Islamabad High Court (IHC) on Monday disposed of a petition concerning Pakistan Tehreek-i-Insaf (PTI) protests and long marches, ruling that neither a political party nor a public office holder has the authority to block roads in the federal capital.

A three-member larger bench headed by Chief Justice Sardar Sarfaraz Dogar directed provincial chief ministers to ensure that government machinery is not used in political protests. The court also said government officials should not carry out orders that unlawfully compel them to participate in or facilitate a protest or rally.

The court directed officials who are pressured to comply with such orders to immediately inform their respective chief secretaries, the Islamabad chief commissioner or inspector generals of police. It further ordered provincial chief secretaries, the Islamabad chief commissioner and police chiefs to establish helplines for reporting such situations.

Court questions officials over provocative statements

During the hearing, Chief Justice Dogar questioned whether government representatives, including chief ministers, lawmakers and other public office holders, were entitled to make provocative statements regarding political protests.

Islamabad Advocate General Naveed Hayat Malik told the court that public officials could not make such statements, while acknowledging that citizens have a constitutional right to peaceful protest subject to legal restrictions. He also said no one had a right to make inflammatory speeches and that the Constitution did not permit such conduct.

The advocate general argued that Islamabad already had laws regulating protests, requiring organisers to provide details so authorities could make security arrangements. He said a magistrate could reject a request for permission and that protests could not legally proceed without approval. He also maintained that the government could designate areas as red zones and impose restrictions, including under Section 144, when necessary.

Court examines past PTI protests

During the proceedings, the court allowed video footage of PTI protests held in 2022 and 2024 to be played, despite the chief justice initially saying that showing videos was not the court’s usual practice.

The Islamabad advocate general alleged that government machinery had been used during the 2022 protest and that authorities had made arrangements to remove protesters. Referring to the 2024 protest, he alleged that public property was damaged and that Rangers personnel were run over by a vehicle.

The court also examined the role of provincial officials in dealing with any future protests or long marches. Khyber Pakhtunkhwa Inspector General of Police Zulfiqar Hamid and Chief Secretary Shahab Ali Shah appeared before the bench and submitted affidavits.

IGP told to stop unconstitutional gatherings

Chief Justice Dogar questioned the KP police chief on whether he would intervene if an unconstitutional or unlawful activity took place. The IGP said his affidavit had been submitted in accordance with the court’s earlier directions and assured the bench that police would stop any illegal activity.

The chief justice told him that the affidavit should expressly state that unlawful actions would be prevented. He subsequently directed the IGP to stop any unconstitutional gathering and disperse protesters if necessary.

The larger bench, which also included Justice Azam Khan and Justice Asif, later announced its reserved verdict and disposed of the petition.