• LHC issues directives for hearing the party’s plea seeking permission for jalsa
• Punjab PA speaker urged to issue production orders for under-detention MPA

LAHORE: Amid the dying din of its cancelled rally in Islamabad a few days ago, the opposition PTI has announced a ‘mass political gathering’ at the Minar-i-Pakistan ground (Iqbal Park) on Sept 15.

While the party approached the deputy commissioner for grant of an NOC, a Lahore High Court (LHC) judge direc­ted the registrar office to fix for hearing a separate petition that the PTI had filed seeking permission for holding the rally.

Each time the party sought permission for holding its power show in recent years, the Punjab home department imposed Section 144 to ban political gatherings.

The department did so on Aug 21 and ensured PTI leaders and workers did not reach Islamabad to attend the Aug 22 jalsa which was postponed at the eleventh hour.

PTI Lahore president Sheikh Imtiaz Mahmood, MPA, was arrested from Thokar Niaz Beg when he was heading to Islamabad. The party plans to hold its next mass gathering in Islamabad on Sept 8.

For the Sept 15 Lahore gathering, PTI Secretary General Omar Ayub Khan himself submitted the application and sought an NOC claiming that PTI, being the largest political party in the country, expected a large number of people to attend the rally.

Mr Khan, who is also Opposition Leader in the National Assembly, said PTI believed in maintenance of law and order and discipline, therefore, its office-bearers were ready to fully cooperate with the DC office to ensure a smooth and hassle-free gathering on Sept 15 at the Minar-i-Pakistan ground.

The PTI leader quoted several articles of the Constitution and judgements upholding people’s rights to hold political gatherings at public places.

He stated that Article 16 of the constitution guarantees freedom to communicate and express ideas.

Mr Khan also cited a Supreme Court decision in the Benazir Bhutto vs Federation case that observed “if men are ever to be able to break bonds of oppression or servitude, they must be free to meet and discuss their grievances and to work out in unison a plan of action to see things right”.

Referring to Article 17, Mr Khan said every citizen has the right to form or be a member of a political party. Thus, until and unless the Supreme Court confirms prohibition on functioning of a political party, the same has every right to operate as a political party.

In the Benzair Bhutto vs Government of Pakistan (PLD 1988 SC 416) case, it was held that the right conferred by Article 17(2) is not only a right to form a political party or to be its member but includes the right to function as a political party. The forming of a political party necessarily implies the carrying on of all its activities as otherwise the formation itself would be of no consequence.

Meanwhile, PTI parliamentary leader in the Punjab Assembly Ali Imtiaz Warraich has requested the Speaker to issue a production order for Imtiaz Mahmood, who has been detained by the Lahore police.

In his request, Mr Warraich stated, “Sheikh Imtiaz is an elected parliamentarian of Punjab Assembly so formal production order under 79-A of the Rules of the Procedure of the Punjab Assembly 1997 may be issued enabling him to attend the proceeding of the upcoming Standing Committee on S&GAD in the assembly on Sept 2.

Petition at LHC

Justice Ali Baqar Najafi of the LHC directed the registrar office to fix for hearing the PTI plea requesting for permission to hold a rally in the city.

The directive came on an application filed by PTI leader Akmal Khan. The applicant sought an early hearing of his pending petition against denial of permission to hold the rally.

A counsel for the petitioner stated that a request was submitted to the deputy commissioner for the rally, but the permission was not granted. He also said that all records be made part of the petition.

The judge instructed the office to fix the petition for hearing before any appropriate bench.

Published in Dawn, August 29th, 2024