The Lahore High Court (LHC) on Monday sought replies by March 14 from concerned quarters including the caretaker government on a plea filed by PTI challenging the imposition of a ban on protests and rallies under Section 144 of Cr.P.C. The Pakistan Tehreek-e-Insaf (PTI) had earlier today moved the LHC against the imposition of Section 144 and sought security for their rally today. The petition, filed by PTI leader Hammad Azhar through advocate Azhar Siddique, questioned how could such illegal acts be performed in spite of the issuance of the election schedule by the Election Commission of Pakistan (ECP). The petition contended that after the announcement of the election date for April 30, 2023, in Punjab, the PTI announced its election campaign from March 12, 2023, and moved an application before the interior secretary seeking a no-objection certification (NOC) for conducting rallies. It continued that the PTI was granted conditional permission to hold the rally.
According to the petition on March 12, the deputy commissioner of Lahore “illegally and unlawfully” imposed Section 144 of the Criminal Procedure Code in the provincial capital, banning and restricting the petitioner’s political party to hold their electoral campaign.
“All efforts were made specifically to sabotage and restrain the PTI from conducting its rally well in advance of a fully scheduled rightful, lawful and constitutional political rally,” the petition maintained.
It stated that earlier, the Punjab interior department through the additional chief secretary (Home) had imposed Section 144 for seven days in Lahore on March 8. The move was challenged in the LHC wherein the advocate general of Punjab informed the court that the notification was withdrawn.
It continued that the issuance of the aforementioned notifications was a sheer violation of Article(s) 218(3) and 220 of the Constitution and the negation of Sections 3 and 4 of the Election Act, 2017. Advocate Azhar Siddique implored that once the elections schedule was announced by the ECP there was no room for the administration to impose Section 144.
“In case, the administration still pursues its toxic agenda and tangible mala fide to sabotage the normal and peaceful political activities run by a political party (PTI) this action is against the sense and spirit of Articles 218 (3) and 220 of the Constitution and an impediment obstructing the way to have fair and free elections in the province”.
The petition reiterated the position of law and precedents set by the superior courts of Pakistan which state that Section 144 cannot be enforced to ban political activities of parties and workers once the elections schedule is announced.
“Even otherwise, if the administration still feels compelled and bound to impose a ban, apprehensively, on any assemblies and gatherings or otherwise due to any factors beyond the control of the same it may do so without touching, jeopardizing or otherwise sabotaging the lawful, legal, constitutional and peaceful political activities of the citizens as well as the political parties”. It maintained that the respondents deliberately issued “draconian notifications” and imposed Section 144, to craftily ban the peaceful rally and political activities of the PTI.
The petitioner requested the court to restrain the concerned quarters from issuing such notifications in the future which clearly negated the fundamental rights of the petitioner. It furthered that the respondents be directed to provide sufficient security to the petitioner’s rally scheduled to be held on March 13, 2023, to conduct a smooth election campaign.
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