PESHAWAR: The Peshawar High Court on Tuesday asked the provincial government not to create hurdles on highways in districts to stop the rallies of the Jamiat Ulema-i-Islam-Fazl’s Azadi March on the way to Islamabad.

A bench consisting of Chief Justice Waqar Ahmad Seth and Justice Ahmad Ali also directed the Pakistan Electronic Media Regulatory Authority (Pemra) to issue directives to all news channels to allow equal airtime to the government and opposition.

The court disposed of three petitions filed by the JUI-F leaders, including advocate Ubaidullah Anwar and Azmat Khan Mohmand, to seek its orders for the provincial government not to block roads leading to Islamabad and for Pemra to ensure equal electronic media coverage of the government and opposition parties.

Asks Pemra to ensure equal media coverage of govt, opposition

The bench ordered the two petitioners to submit surety bonds to the high court’s additional registrar (judicial) that the Azadi March rallies would remain peaceful and won’t damage public property.

Additional advocate general Qaiser Ali Shah gave an undertaking on behalf of the government promising that the roads won’t be blocked for peaceful marchers.

He, however, said violent protesters would face legal action.

Advocate Ubaidullah Azhar had filed two petitions.

The first petition had sought the court’s orders for the government against creating hurdles in the way of Azadi March, while the second had requested the court to ask Pemra to ensure equal electronic media coverage to opposition and government.

Similarly, petitioner Azmat Mohmand had requested the court to issue orders to the provincial government for not blocking the Azadi March.

He had claimed that the administrations of different districts and provincial government had placed shipping containers alongside roads to stop the marchers bound for Islamabad.

Mohammad Essa Khan, Farooq Afridi, Imran Hashtnagar and other lawyers appeared for the petitioners and contended that the JUI-F had begun the Azadi March from Sindh on Oct 27 that would reach Islamabad on Oct 31.

They said the government intended to stop rallies in districts by placing containers on roads.

The lawyers requested the court to declare the government’s imminent decision of blocking the marchers as illegal and unconstitutional.

Additional advocates general Qaiser Ali Shah, Umar Farooq and Mohammad Arshad appeared for the government and contended that the petitions were not maintainable as the petitioners had approached the court over apprehensions.

The chief justice observed that if the government’s representatives promised that the march would not be stopped, then the bench would dispose of petitions.

AAG Qaiser Ali Shah said if the protesters created a law and order situation and threatened public property, then the law-enforcement agencies would act against them to maintain the government’s writ.

He added that baton-wielding or armed persons would be dealt with strictly.

The bench observed that the government had the right to act against violent protesters but it had no right to create hurdles to peaceful protests.

When the chief justice asked if any accord has taken place between the government and the Azadi March organisers, AAG Umar Farooq said an agreement existed to the limits of Islamabad only deciding the place of the protest.

Advocate Essa Khan said the JUI-F had so far organised 15 ‘million march’ rallies in the country and they remained peaceful.

The petitioners’ lawyers said the Pemra had verbally asked private TV channels not to cover the Azadi March and that act was unconstitutional.

The chief justice observed that the matter was also discussed in the Senate standing committee on information and broadcasting but unfortunately, so much misstatements were given by the people at the helm of affairs that the ‘real picture is not clear’.

The bench observed that sometimes even the federation was not aware of what was happening and on whose orders, certain things took place.

Additional attorney general Saifur Rehman Khattak disputed the claim of petitioners and said private TV channels had covered Azadi March.

Published in Dawn, October 30th, 2019