LAHORE: The Lahore High Court on Monday took exception to the ongoing sit-ins in Islamabad and observed the protesters adopted a very strange way of self-defence wherein they violently retaliated if government tried to stop them from committing illegal acts.

A full bench was hearing petitions against Azadi and Inqilab marches staged by the Pakistan Tehreek-i-Insaf (PTI) and the Pakistan Awami Tehreek (PAT).

Justice Khalid Mahmood Khan headed the bench, along with Justice Shahid Hameed Dar and Justice Muhammad Anwarul Haq.

Justice Khan also reprimanded the government for failing to implement the court’s Aug 13 order when petitioner’s counsel urged the bench to initiate contempt proceedings against Imran Khan and Dr Tahirul Qadri for resorting to marches and sit-ins.

The judge observed that both the government and protesting parties were bound to obey the court order. He, however, asked the counsel to file a separate application for initiating contempt of court proceedings against the political parties holding sit-ins.

Advocate A.K Dogar represented the petitioners.

Justice Khan expressed his wonder over the mode of protest adopted by the parties and said one could not find any example in country’s history of the activities being carried out by the (protesting) parties.

Law officers of federal and provincial governments sought time to file replies to the petitions.

The bench allowed the request and adjourned hearing till Sept 29.

Hearing another petition for putting a ban on PAT, the bench expressed concern over non-availability of a judicial inquiry report about a life attempt on Dr Qadri some 23 years ago.


‘Both govt and protesting parties bound to obey court order’


The bench directed the Punjab home secretary and the LHC registrar to submit the report on next hearing.

Earlier, Advocate General Hanif Khatana told the bench that the inquiry was not available in home department’s record. He sought more time for finding the report.

The bench adjourned hearing till Sept 29 and also issued notices to PAT chief and others on a plea demanding details of expenses being incurred on the sit-in being held by the party.

Earlier, the federal government submitted record of the alleged controversial speeches delivered by Dr Qadri at different public gatherings.

A citizen, Amjad Ali, filed the petition and contended that Dr Qadri had been trying to create anarchy in the country by delivering provocative speeches at public gatherings. He said the PAT leader caused unrest and also risked law and order situation in the country.

The petitioner alleged that the PAT workers restored to violent acts and tortured policemen in Islamabad. He said the right to expression was not unbridled but subject to certain laws. He asked the court to put a ban on PAT for its involvement in violent and unconstitutional activities.

He pointed out that a judicial commission headed by Justice Akhtar Hussain of the LHC had declared the life attempt on Dr Qadri a ‘drama’.

Reply sought: The Lahore High Court on Monday sought a reply from the Punjab home secretary on a petition filed by Pakistan Awami Tehreek (PAT) seeking contempt proceedings against government functionaries for not releasing its workers in violation of a court order.

Party’s deputy secretary Advocate Ishtiaq Chaudhry filed the petition and argued that additional home secretary had given an undertaking before the court that all detained PAT workers would be released unconditionally. However, he said, the workers were not released so far. He said the court had directed the additional home secretary to submit compliance report.

The lawyer asked the court to initiate contempt of court proceedings against home secretary and additional home secretary for violating the order.

Justice Muhammad Qasim Khan heard the arguments and directed the home secretary to submit his reply by Sept 25.

GULLU’S PLEA: The LHC also issued a notice to the home secretary on a petition of Gullu Butt, challenging his detention.

Butt was involved in smashing private vehicles parked outside Minhajul Quran Secretariat in Model Town during an operation against alleged illegal barricades erected by PAT.

His counsel argued that a division bench of the LHC had released Butt on bail but Punjab government detained him again. The counsel said the government declared Butt an associate of terrorists and further extended his detention without producing any tangible evidence against him. He asked the court to set aside the detention for being illegal.

The judge directed the secretary to submit his reply by Sept 25.

Published in Dawn, September 23rd , 2014

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