District Administration Directed To Clear Sit-in By Using All Means Till Saturday.: Justice Siddiqui

Islamabad High Court Friday took notice of non compliance with its orders by Tehreek e Labaik Ya Rasolallah and other religious groups with direction to the district administration to call off sit-in by using all means till Saturday

Islamabad, , (UrduPoint / Pakistan Point News - 17th Nov, 2017 ) :Islamabad High Court Friday took notice of non compliance with its orders by Tehreek e Labaik Ya Rasolallah and other religious groups with direction to the district administration to call off sit-in by using all means till Saturday.

Justice Shaukat Aziz Siddiqui directed Administration to take help from Frontier Constabulary as well as from Pakistan Rangers if needed to end 13 days long sit-in at Faizabad Interchange. The District Magistrate had the authority under the Law to ensure enforcement of government writ and take action in accordance with law against those who took law into their own hands, Justice Siddiqui ordered.

Freedom of expression or free movement did not mean that other citizens and inhabitants of twin cities might be left at the mercy of these protestors, he added. While insuring the fundamental rights of the citizens the bench strictly directed the administration to perform its duty of protection of the fundamental rights of citizens guaranteed under Article 9, 14, 15, 18, 24, 25 and 25-A of the Constitution of Islamic Republic of Pakistan, 1973 and take all necessary steps required for the clearance of Faizabad interchange from the protestors".

"Yesterday (November 16) the order was passed with expectancy that as most of the demands of protestors of sit-in have already been met by the Parliament, therefore, by showing grace, protestors will vacate Faizabad Chowk for traffic flow, but it is so unfortunate that instead of obeying direction of the Court, leadership of protestors/sit-in showed defiance and also used abusive language, which is unprecedented by itself" the court observed.

The petitioners, Arshad Mahmood Kiani advocate, Deputy Attorney General DAG, Capt. (R) Mushtaq Ahmad, Deputy Commissioner , Mirvais Niaz, Deputy Inspector General (Operation Division) and Mr Azhar Hussain Shah, D.S.P.

(Legal) appeared before the bench in compliance with court orders. Deputy Commissioner submitted report before the bench stating the current situation of the sit-in and action taken by the administration till yet.

In the present circumstances, "I observe with great concern that District Administration not only failed to perform its duty as was required, rather from the mannerism it appears that sit-in had been facilitated to put the country into a crisis situation, Justice Siddiqui remarked.

Justice Siddiqui stated that there were another two more identical petitions ,which were fixed on Thursday for hearing and the court directed Inspector General of Police (IGP) to appear in person with the report that regarding preventive measures had been taken to lead the protestors/Dharna to designated place known as Parade Ground and why law did not take its course to enforce the writ of the government".

It was further directed the Ministry of Interior to depute some responsible officer not below the rank of Additional Secretary to appear before the Court on the next date of hearing. Similarly, in another writ petition titled as Tehreek Labbaik Ya Rasool Allah, was filed and the court while addressing the petitioner stated that "when a case was being heard in the courts then there was no need of sit-in, if the petitioners want justice from courts then they should call off Dharna immediately.

Justice observed that traffic system of twin cities was badly affected due to protest in Islamabad/Rawalpindi by the petitioner and citizens were suffering a lot from this protest. Regarding publication of Senator Raja Zafar ul Haq report the court observed that there was no need to pass any separate order as in another identical petition, IHC had passed the order for it submission on next date hearing.

I failed to understand that when this Court had already passed a detailed judgment that any citizen exercising his right of free movement or expression, could not be allowed to take away other citizens rights and reduce the capital territory into a siege area.

Without guarantee that protestors would not occupy any other place except the Democracy Park and Speech Corner , District Administration should not have allowed them to enter into ICT, but it was a mystery that protestors were sitting for the last 13 days and District Administration was acting like spectator of cricket match, Justice added.

The District Magistrate had the authority under the law to seek assistance of FC and Rangers to enforce the writ of the State, if circumstances so demand. This task must be completed by tomorrow. Subsequently the further hearing of the petition to be heard along with other identical petitions on November 20.