ISLAMABAD: The Sup­reme Court on Thursday said the government was at liberty to counter the Pakistan Tehreek-i-Insaf’s (PTI) proposed march on the capital for protecting citizens’ rights, but refused to issue any anticipatory injunction, unless an illegality or something really bad happens.

Chief Justice of Pakistan (CJP) Umar Ata Bandial, who was heading a five-judge bench that took up a government-instituted contempt of court application against PTI Chairman Imran Khan for defying the court’s May 25 and 26 orders, also told Attorney General for Pakistan (AGP) Ashtar Ausaf that he was welcome to approach the court at anytime in case of an emergency, and it was willing to convene even on holidays.

The bench also consisted of Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi and Justice Sayyed Mazahar Ali Akbar Naqvi. When the AGP said the best forum for such an issue was parliament, the CJP observed the court also subscribed to his view, but the current situation was quite polarised and maturity demanded efforts towards reconciliation. But the Supreme Court was not a political actor and could not take political decisions as it had to ensure a level-playing field for both sides, he observed.

However, he suggested the AGP look into the confidential reports furnished by the Interior Ministry, Islamabad chief commissioner, police chief, and the directors general of intelligence agencies in response to the SC’s May 26 order, and he could come to court again in case he found something in it, but he should keep the matter to himself.

The court also ordered that the reports be furnished to the AGP, but avoided issuing notices to advocate generals of the provinces, as the former had requested.

Though the government apprehended a sit-in or some activity in the centre of the town or sensitive installations, the last time the court intervened in May was because of the actual situation unfolding as the PTI procession was en route to Islamabad, the CJP observed.

Referring to the speeches of former premier Imran Khan, CJP Bandial observed how could one take them seriously, adding that no one was killed during the May 25 events, though only 31 people were injured and some fire tenders torched in addition to damage to public property.

“Don’t forget, on the morning of May 26, the protest was called off,” he reminded, adding that the real material issue was the presence of an uncontrollable mob that had entered the capital’s precincts, but there was no such mob right now.

When the AGP read out recent statements by Imran Khan and apprehended that a law and order situation could arise when his march entered Islamabad, the CJP observed the government should prepare itself to tackle the situation accordingly under the law. The AGP said the government would do whatever would be needed.

Justice Ijazul Ahsan called Mr Khan’s statements political sabre-rattling, adding that the court would look into the matter if something happened.

Published in Dawn, October 21st, 2022