ISLAMABAD: The Islamabad High Court (IHC) on Wednesday set aside deputy commissioner Islamabad’s order issued on July 5, refusing to allow PTI to hold a rally in Islamabad on July 6 and ordered him to decide the request for the issuance of No-Objection Certificate (NOC) in accordance with the law by treating it as pending.

“Since the date of NOC for holding the rally has passed, the application for the grant of NOC by the petitioner shall be deemed to be pending,” ordered Chief Justice Aamer Farooq while disposing of PTI’s petition.

On July 5, DC Islamabad had turned down PTI’s request to hold the rally on July 6 at any place, including D-Chowk, in view of the law and order situation due to Muharram.

The IHC order recalled how it had in earlier decisions declared maintenance of public order and imposition of reasonable restriction while regulating the exercise of the right guaranteed under Article 16 of the Constitution was within the domain of the executive authorities i.e. the minister for interior, interior secretary, chief commissioner, Inspector General of Police and deputy commissioner.

Glass wall in makeshift courtroom in Adiala jail removed

But at the same time the court had ordered these officials to ensure that while considering application of the political parties, they should be mindful of their constitutional duty to safeguard the fundamental rights of all the citizens.

However, they will jointly be accountable for any hardship suffered by the citizens or damage caused to property pursuant to their decisions. Likewise, the applicants, whether representing the ruling party or the opposition parties, are expected to strictly comply with the regulations and restrictions prescribed in the interest of maintaining public order by these officials.

In a separate case, the state counsel on Wednesday apprised the high court that a glass barrier erected earlier in the makeshift courtroom inside Adiala jail has been removed. The courtroom has been set up where former Prime Minister Imran Khan was facing trials.

During the hearing, Justice Saman Rafat Imtiaz specifically inquired whether the removal of the glass wall was a necessary.

Assistant Attorney Generals (AAG) Rana Imran Farooq and Raja Zamirud Din Ahmed as well as the state counsel however told the court that the decision of removing the glass barrier has been taken by the jail authorities after taking into consideration all aspects including the security.

The court, however, directed the law officers to ensure that a statement to this effect is filed before the court, which should be personally signed by the jail authorities concerned by the next date of hearing which will be fixed after the summer vacation.

Meanwhile, the Punjab government and deputy superintendent Adiala Jail pleaded before the high court to reject the petition by Intizar Hussain Panjuta, highlighting alleged non-cooperation on the part of jail authorities to make his visit to former prime minister Imran Khan difficult.

The petitioner, Panjuta, had requested that the court facilitate his visit to Imran Khan and sought a declaration against prison authorities regarding stopping him at a distance of one and a half kilometres from the jail premises.

Filed through Additional Advocate General Punjab Sanaullah Zahid, the statement contested the factual aspects, adding the exercise of lawful discretion by the management authorities with regard to regularisation of visitation with a condemned/undertrial prisoner and a place of parking for his visitors do not require any interference by IHC in its extraordinary constitutional jurisdiction.

Sanaullah Zahid contended that it was a well settled law that a person can be aggrieved only when a person was denied a legal right or he was performing a legal duty, adding the court should dismiss the petition in the interest of justice for being devoid of merit.

Published in Dawn, July 25th, 2024