PESHAWAR: In a hearing regarding a petition challenging the Pakistan Tehreek-e-Insaf (PTI) protest planned for November 24, the Peshawar High Court (PHC) addressed concerns over the potential use of government machinery and road blockages during the demonstration.
A two-member bench, led by Justice Syed Arshad Ali and Justice Waqar Ahmed, heard the case. During the proceedings, the advocate general informed the court that the chief secretary had issued a notification ensuring that government machinery would not be used during the protest. The court welcomed this development and confirmed it would issue an order to uphold this decision.
The petitioner’s lawyer expressed concerns, noting that while the defendants often claim they won’t use government machinery, they have historically done so in the past.
Justice Syed Arshad Ali commented that, if the chief minister travels anywhere, only an ambulance should accompany him, not heavy government equipment. The petitioner’s lawyer also highlighted the impact of potential road closures on local businesses, especially on the disruption of daily commutes. Justice Waqar Ahmed lightened the atmosphere with a remark about the petitioner’s tire business, joking that if vehicles participated in the protest, their tires might be damaged.
Justice Ali also addressed the broader issue, stating that if the government claims it will not protest but people still go ahead with it, there is little that can be done. “We cannot stop people,” he remarked, while the petitioner’s lawyer argued that road blockages during protests should not happen.
“The people are fed up with the federal government and the KP government too, what to do with them?” Justice Arshad Ali added, referring to the frustrations felt by the public. The advocate general urged the court to direct the federal government not to block roads, emphasizing that peaceful protest is a constitutional right that cannot be denied.
This case follows a similar decision from the Islamabad High Court (IHC) issued the previous day. The IHC had directed the administration to ensure that protests, sit-ins, and rallies are conducted lawfully, addressing the concerns raised by businessman Asad Aziz in a petition about the impact of PTI’s planned gathering on November 24. In its judgment, Chief Justice Aamer Farooq stressed the need for a balance between the right to assembly and the right to movement, noting that such rights could be subject to reasonable restrictions as outlined in the newly enacted Peaceful Protest and Public Order Act 2024, which mandates prior approval from the District administration for public demonstrations.
