ISLAMABAD: Islamabad High Court (IHC) Chief Justice Athar Minallah yesterday told PTI leader Asad Umar to revoke Section 144 from Punjab and Khyber Pakhtunkhwa via their respective assemblies first and then approach this court against law.

Chief Justice made these remarks while hearing petition challenging Section 144 by party’s Secretary General. Plea was filed last week ahead of PTI’s expected long march towards Islamabad. In his petition, Umar prayed that Section 144 of Code of Criminal Procedure, 1898 being a reflection of colonial legacy as adopted be declared ultra vires to express provisions of Constitution of Pakistan, 1973 as well as fundamental rights guaranteed by Constitution.

“It is further prayed that issuance of notifications under garb of provisions of Section 144 of Code of Criminal Procedure, 1898, imposing continuous restrictions of more than two months be declared void ab initio, illegal, unlawful, against express provisions of Article 4, 8, 10-A, 15, 16 and 17 of Constitution in interest of justice.” At outset of hearing, PTI’s counsel Babar Awan argued that district magistrate has imposed section for two months which is against law. At this, CJ inquired petitioner how his rights are violated. To which, Babar Awan said that a rally can not be brought out in these circumstances. Justice Minallah said that there’s a procedure that needs to be followed to seek permission for a rally and a judgment has also been issued in this regard.

He also asked counsel if he had read plea. “Party has government in two provinces have they never imposed Section 144?” asked Chief Justice. He said that law and order is an executive matter and court will never interfere in it. 

“Did PTI government never impose this law during their tenure in Islamabad?” During an argument, Chief Justice reminded that Umar is still an MNA. “You have governments in Punjab and KP. Go and first repeal this law from assemblies and then come to this court.” After arguments, IHC reserved verdict on maintainability of plea.

Published in The Daily National Courier, October, 11 2022

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