LAHORE: The Lahore High Court has ruled that the demands made by the Pakistan Tehreek-i-Insaf and the Pakistan Awami Tehreek are unconstitutional and warned them of legal consequences of any violation of the Constitution during their Independence Day marches.

A three-member full bench headed by Justice Khalid Mahmood Khan stated this in a nine-page order issued on Thursday on a petition against ‘Azadi March’ of the PTI and PAT’s ‘Inqilab March’.

Justice Shahid Hameed Dar and Justice Anwarul Haq were other members of the bench.

The court admitted the petition for regular hearing and issued notices to the parties concerned for Sept 12.

In its interim order issued on Wednesday, the bench had already restrained the PTI and PAT from holding marches or sit-ins in an unconstitutional manner, keeping in view the sanctity of Independence Day and the prevailing chaotic and uncertain situation in the country.

“We have gone through the record available with us and also watched national address of Prime Minister to the nation as well as an interview of Imran Khan given to a private television channel and prima facie we are convinced that demands raised by chairman PTI and chairman PAT are in violation of the Constitution and as such for resolving the important constitutional issue, we admit this petition for regular hearing, observing that any violation of the Constitution by the protesters and their leaders would expose them to the legal consequences,” the bench said.

The demands made by the parties include resignation of the prime minister, dissolution of parliament, reconstitution of the Election Commission and formation of an interim government of technocrats for holding fresh elections.

The petitioner said that if the said demands were not accepted, the parties would continue with their sit-ins in Islamabad’s D-Chowk and would choke the entire system.

The petitioner’s counsel argued that the heads of both parties were calling upon people for a ‘so-called’ revolution by toppling the government except that of Khyber Pakhtunkhwa. They also announced that a revolution could not succeed without rendering sacrifices. He said both of them also instigated the public on different occasions they should exterminate the Sharif brothers and their families in the event of any harm caused to them.

The counsel said that due to threats and designs of the PTI and PAT the country suffered a huge financial loss with economy facing setbacks and the stock exchange suffering a loss of billions of rupees in three days. He pointed out that the fall of one point in the stock exchange index meant a loss of Rs250 million.

The counsel requested the court to restrain the respondent parties from holding protests and long marches.

The counsel for the PTI, Advocate Ahmad Awais, argued that the petition was not maintainable because it was his client’s democratic right guaranteed by the Constitution to launch ‘Azadi march’ and sit-in.

He said that no clog could be put against fundamental rights of political parties and individuals.

When asked by the court, Advocate Awais recorded his statement: “Since the legitimate demand of the candidates of PTI who lost in general election regarding comparison of thumb impression was not acceded to, therefore, demand of PTI now is that fresh election be announced in country as present government is not having legitimate mandate of the people of Pakistan and as such the present government has no authority to run affairs of the country. The demand of PTI is that a fresh election be immediately announced through reconstituted Election Commission.”

Attorney General Salman Butt submitted a statement on behalf of the federal government which said: “The present government is a duly elected government under the constitution with a mandate of 190 seats out of 342 seats. The prime minister was elected by 244 votes out of total poll of 294 cast votes and enjoys confidence of the house. Therefore, the question of resignation does not arise. The prime minister invites Imran Khan and his leadership with open mind and heart any time today or tomorrow for a dialogue. If they are not willing to come, then we are willing to see them at a place and time of their choice subject to their calling off the march.”

The counsel for PTI and PAT submitted that the chairmen / heads of the parties were ready to ensure that the protest, Azadi march, Inqilab march or sit-in would be peaceful and free of violence.

Published in Dawn, August 15th, 2014