Khyber Pakhtunkhwa Advocate General Shah Faisal Utmankhel has challenged the Islamabad High Court’s jurisdiction to hear a petition against PTI’s planned September 27 march towards Islamabad.
A three-member larger bench, headed by IHC Chief Justice Sardar Muhammad Sarfraz Dogar, heard the petition on Friday. Justice Muhammad Azam Khan and Justice Muhammad Asif also joined the bench.
Citizen Waqas Ahmed filed the petition.
KP AG Challenges IHC Jurisdiction
Shah Faisal argued that the IHC’s jurisdiction only covers the Islamabad Capital Territory.
He maintained that the court could not issue directions to officials working in other provinces.
“This court does not have jurisdiction,” the KP advocate general said. He urged the bench to decide the jurisdiction issue before hearing the petition further.
He also questioned whether the petitioner was directly affected by the matter.
The KP law officer asked why one citizen had approached the court on behalf of the entire federal capital.
Court Questions PTI’s Planned March
Chief Justice Dogar asked whether PTI was actually organising the proposed march.
The advocate general said his role was to assist the court. He also questioned whether PTI had received an opportunity to present its position.
“Was the party given an opportunity to be heard?” he asked.
Shah Faisal argued that several political parties planned demonstrations but had not been made respondents in the proceedings.
CM Sohail Afridi’s Role Discussed
The bench also questioned the role of KP Chief Minister Sohail Afridi in the political activity.
The chief justice noted that Afridi held two positions as chief minister and a political party member.
“If he were not a member of the party, how could he become chief minister?” the KP advocate general responded.
Shah Faisal maintained that the chief minister’s statement contained nothing contrary to the Constitution or law.
However, Chief Justice Dogar questioned why Afridi made the statement while holding a constitutional office and having taken an oath of allegiance to the state.
The KP chief secretary told the court that the chief minister himself could respond to questions about his political statements.
Court Seeks Affidavits From KP Officials
The bench also questioned why political protests from KP repeatedly moved towards Islamabad.
The KP chief secretary described the activity as political. Chief Justice Dogar then asked whether “storming the federal capital” could also qualify as political activity.
The court subsequently directed the KP chief secretary and inspector general of police to submit affidavits.
The court also discussed statements by Punjab Chief Minister Maryam Nawaz concerning alleged security threats from provinces.
Imran Khan Jail Issue Raised
During the hearing, the KP advocate general raised the issue of court orders concerning PTI founder Imran Khan’s meetings at Adiala Jail.
He claimed judicial orders had not been implemented for two years and questioned whether citizens had a right to protest over such matters.
Chief Justice Dogar said those issues concerned contempt proceedings.
Shah Faisal also claimed that cases were not being fixed for hearing.
The chief justice responded that case scheduling falls within the judiciary’s administrative authority.
He warned that the advocate general’s remarks amounted to an “attack on the judiciary.” Shah Faisal, however, maintained that he was raising issues related to citizens’ rights.
Container Deployment Also Comes Under Discussion
The KP advocate general also objected to the possible deployment of containers during protests.
He questioned whether restricting movement in Islamabad could violate citizens’ rights. He also urged the court to take notice of measures taken by the federal government.
Meanwhile, Punjab Advocate General Barrister Zafarullah criticised Shah Faisal’s remarks concerning Punjab Chief Minister Maryam Nawaz.
He stressed that the court was a judicial forum rather than a political forum.
The Sindh advocate general also assured the bench that the provincial government would comply with any directions issued by the court.
IHC Adjourns Hearing Until Monday
At the end of the hearing, the IHC directed the KP chief secretary and IGP to submit their affidavits by Monday.
The court clarified that only the two senior officials would need to appear at the next hearing. Other officials would not be required to attend.
The bench also allowed the parties to submit rejoinders before adjourning further proceedings until Monday.
The court’s next hearing is expected to further examine the jurisdictional objections and the legal issues surrounding PTI’s planned September 27 march.
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