The apex court, while dismissing the contempt of court petition filed by the government for violating the court order during the long march, said, “Apparently there is no evidence of any violation by the senior leadership of PTI during the rally.” ‘
In a 14-page judgment written by Chief Justice Omar Ata Bandial on Wednesday, the court declared that peaceful protest is a right of every citizen as per the constitution.
Justice Yahya Afridi, a member of the five-member bench of the Supreme Court, wrote in a dissenting note that “there is evidence of violation of court order against Imran Khan.”
The court ruled that there was apparently no evidence of any violation by the senior leadership during the rally. “In any case, the facts and evidence of what happened during the protests need to be gathered and if there was anyone behind it, they must be identified.”
The court further directed that at this stage, the Islamabad Police Chief, Chief Commissioner, Home Secretary, Director General of Intelligence Bureau and DG ISI have been directed to report on the incidents during the long march. Is done.
The court has asked the concerned authorities to submit a report containing their answers within a week for review by a larger bench. The questions are as follows:
Was the assurance given to the government violated?
At what time did Imran Khan ask the party workers to reach D-Chowk?
Was the mob entering the red zone organized?
Did the police take action against the protesters? How many protesters managed to enter the red zone?
Did the protesters break the security barriers? How many civilians were killed or injured and hospitalized or arrested? Did any protesters or party workers reach the ground between G-Jain and H-9 sector?
The Supreme Court decision said, “We are writing with disappointment that the court’s goodwill effort was not respected. However, its purpose was to create harmony between the two opposing parties in order to protect the interests of the people and their rights enshrined in the constitution.
According to the court decision, the Islamabad High Court Bar Association filed a petition under Article 184 (3) of the Constitution, alleging that the federal government had closed the roads before the PTI’s long march.
It may be recalled that the petition said that the daily life of the citizens was being affected due to the closure of roads by the government which is guaranteed by Articles 9 and 15 of the Constitution.
During the trial in the court, the party leadership assured that the protest rally would be peaceful and a three-member bench of the apex court directed the administration to fix the venue and make security arrangements.
According to the ruling, the court also asked all political parties and protesting activists to remain calm.
The court order was issued on May 25 at 6 pm, after which the Attorney General filed a miscellaneous petition on behalf of the government at 10.30 pm.
The petition alleged that the PTI leadership, especially Imran Khan, had violated court orders and asked the workers to reach D-Chowk, a sensitive area in the red zone.
Justice Yahya Afridi’s dissenting note
Justice Yahya Afridi, who was present in the five-member larger bench, disagreed with the decision of the four judges and wrote that Imran Khan had violated the court order.
He wrote that after the court decision, Imran Khan said in his speech that the Supreme Court has decided that now there will be no obstruction so I am asking all Pakistanis to go out to their cities this evening. And try to reach D-Chowk completely in Islamabad and Pindi.
Justice Yahya Afridi wrote in his dissenting note that the aforesaid speech of Imran Khan was played on a projector screen in open court and looking at it with his conduct, it is my opinion that it is sufficient that he apparently disobeyed the order of this court. Violated the letter.