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PHC asks PTI to comply with election SOPs
PESHAWAR: The Peshawar High Court on Thursday directed the Pakistan Tehreek-i-Insaf to apply to the relevant deputy commissioner for permission to hold any workers’ convention in accordance with the standard operating procedures (SOPs) formulated by the provincial government for the upcoming general elections.
Provincial advocate general Aamir Javed told a bench consisting of Justice Ijaz Anwar and Justice Shakeel Ahmad that SOPs for political parties about the forthcoming general elections were made during a recent meeting chaired by additional chief secretary (home) Abid Majeed and attended by deputy commissioners and district police officers from the across the province.
He said that under SOPs, a political party had to submit an application to the relevant deputy commissioner at least nine days ahead of holding any workers convention or meeting after which the relevant district police officer would give opinion on that application.
Mr Javed also pointed out that according to some confidential documents, there was a serious security situation in the province and some political parties and leaders were under threat due to which the government had to take serious precautions.
Calls police officer as PTI alleges harassment over workers convention plans
The bench observed that political parties should follow SOPs and should approach the court in case of the denial of right to conduct activities.
It also called the relevant police officer on Nov 29 as lawyers for the PTI claimed that the local police had been harassing one of their colleagues who had submitted an application to Peshawar’s deputy commissioner for permission to hold a workers convention in the provincial capital on Nov 24 (Friday).
Justice Ijaz Afzal observed that it was a matter of concern for the court that the deputy commissioners had no problem with other political parties holding public meetings, but when this particular party (PTI) submitted an application the DC imposed Section 144 of the Code of Criminal Procedure to ban gatherings.
The bench observed that when the date for general elections had been announced, a level-playing field should be provided to all political parties.
It warned that under SOPs, no party should be allowed to hold meeting on roads, so the court would take action against the DC who permitted any of the political parties to hold a meeting on a road.
The bench was hearing a petition of the PTI for contempt proceedings against the provincial government and the administration of Mansehra district for not allowing former prime minister Imran Khan’s party to hold a workers’ convention despite the court’s orders.
The petition was filed by PTI provincial president Ali Amin Gandapur, its provincial legal coordinator Mashal Azam and Insaf Lawyers Forum provincial vice-president Malik Arshad Ahmad seeking contempt proceedings against the relevant officers, including the provincial chief secretary, Mansehra DC and DPO, and others.
Lawyers Shah Faisal Uthmankhel, Ali Zaman, Inam Yousafzai and others appeared for the petitioners and contended that the government and district administration across the province had been discriminating against the PTI and had not been allowing it to carry out activities for the forthcoming polls in the province.
They said that a high court bench had disposed of on Oct 26 a plea of their clients after allowing the PTI to canvas.
The counsel said that they had submitted an application to Peshawar’s DC seeking permission to hold a workers’ convention here, but instead of giving permission, he imposed a ban on meetings under Section 144 of the CrPC on Nov 20 for a period of seven days.
They added that despite that order, the Jamaat-i-Islami was permitted to arrange a meeting on Nov 22 (Wednesday) in Peshawar.
The bench observed that the main issue was that other political parties had been conducting meetings but just one party was barred from carrying out political activities.
The advocate-general said that the petitioners should also apply to the DC for arranging the workers’ convention in line with SOPs under which they had also to give an undertaking that no speeches would be made against state institutions.
The bench observed that the duration of Section 144 of the CrPC would expire on Nov 27 after which the petitioners could apply to the relevant DC for holding a public meeting or convention in any district.
Published in Dawn, November 24th, 2023
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