The Islamabad High Court (IHC) Monday dismissed the PTI’s plea seeking the revocation of CrPC Section 144 in the federal capital as the party seeks to pave way for its upcoming march. Section 144 of the Criminal Procedure Code restricts the assembly of gatherings exceeding four persons. Asad Umar had filed a plea in the IHC contending that the move should be declared “ultra vires to the express provisions of the Constitution”. It comes amid anticipation of PTI chief Imran Khan giving a call for a protest march towards that federal capital in a quest for what the party describes as “Haqiqi Azadi” (true freedom) and the government planning measures to tackle the march. At the outset of the hearing, PTI’s counsel Babar Awan argued that the district magistrate has imposed the section for two months which is against the law.
At this, the CJ inquired the petitioner how his rights are violated.
In response, Awan said that a rally cannot 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 the counsel if he had read the plea. “The party has government in two provinces have they never imposed Section 144?” asked the chief justice. He said that the law and order is an executive matter and the court will never interfere in it. “Did the PTI government never impose this law during their tenure in Islamabad?” During an argument, the chief justice reminded that Umar is still an MNA. “You have governments in Punjab and KP. Go and first repeal this law from the assemblies and then come to this court.”
