PESHAWAR: Peshawar High Court on Thursday sought detailed reply from the Khyber Pakhtunkhwa government to a petition filed by Pakistan Tehreek-i-Insaf, accusing the government of stopping its leaders and workers from canvassing in the province, including holding of rallies and gatherings, for the forthcoming general polls.

The bench consisting of Justice Abdul Shakoor and Justice Syed Arshad Ali directed the KP advocate general, Aamir Javed, to submit the reply on behalf of the government.

The bench fixed October 26 for next hearing of the petition jointly filed by PTI provincial president Ali Amin Gandapur, provincial legal coordinator Mashal Azam and Insaf Lawyers Forum provincial vice-president Malik Arshad Ahmad. They have sought different kinds of relief from the court.

They have sought court’s orders for respondents in the case, including the provincial chief secretary, to allow PTI members to conduct the election campaign for their candidates in the upcoming elections.

Oct 26 fixed for next hearing of the case

The petitioners requested the court to declare illegal the action of respondents, including the provincial government, of not allowing PTI members to canvas by holding workers’ conventions, gatherings, rallies and processions.

They also said that court should declare against the law the acts of restraining PTI workers from participating in national events and international issues including Independence Day, Hurmat-i-Quran and Hurmat-i-Rasool rallies and registration of FIRs against them.

The petitioners requested the court to declare null and void all ‘illegal’ orders issued by the government and administration under Section 144 of Code of Criminal Procedure and Section 3 of Maintenance of Public Order Ordinance against PTI leaders and workers for holding their scheduled public meetings.

Advocates Qazi Mohammad Anwar, Shah Faisal Uthmankhel and Ali Zaman appeared for the petitioners whereas AG Aamir Javed and the additional advocate general, Danyal Asad Chamkani, represented the government.

Qazi Anwar stated that he was the provincial convener of ILF. He said that after the May 9 protests held due to arrest of former prime minister Imran Khan, the government imposed ban on all sorts of political activities of PTI.

He argued that articles 8, 9, 10, 15, 16, 17 and 19 of Constitution guaranteed fundamental rights of the workers and leaders of the party and they had the right to hold peaceful rallies and meetings.

He contended whenever PTI workers staged a rally in connection with important national events like Independence Day or against desecration of the Holy Quran, they were harassed and concocted cases were registered against them by the government.

When Justice Arshad Ali asked as to who was stopping them from exercising their constitutional rights, Ali Zaman said that the district administration was restraining them at the behest of caretaker provincial government, while that was not in their powers.

He stated that even they were not allowed to stage a demonstration in favour of the oppressed Palestinian citizens.

Qazi Anwar stated that other political parties were allowed to hold public meetings and processions but workers and leaders of PTI were denied that right.

When the bench inquired from the AG as to who was stopping the PTI workers from political activities, he replied that although they had constitutional protection, yet the right of political activities should be exercised in accordance with the prescribed rules and regulations.

Danyal Chamkani stated that the petitioners approached the court on basis of presumptions and there was no written evidence produced by them to prove that they were stopped from political activities.

He said that if the petitioners had given any application to the district administration for staging a rally and they had not been permitted then they could approach the court.

The petitioners’ lawyers stated that PTI was not a banned political party and stopping its members from exercising their fundamental rights and campaigning for their candidates in the upcoming elections was not only against their fundamental rights enshrined in the Constitution but was also discriminatory under the law and all norms of justice.

They said that in such a scenario, there was no prospect of free and fair elections. They claimed that after the ‘regime change’ in 2022, a massive crackdown was launched on the PTI members and even many life attempts were made on party’s chairman Imran Khan.

Published in Dawn, October 13th, 2023