After repeated deadlines, marchers shift conflict to courts

ISLAMABAD: As the month long political deadlock between the government and the Pakistan Tehreek Insaf and Pakistan Awami Tehreek, the three sides appeared to be shifting the battle from Constitution Avenue to the courts.

The first volley was fired by the government which began picking up and detaining hundreds of workers of the two parties before the weekend, on which the PTI had planned a grand show.

After having denounced the government’s move in their speeches on Saturday and Sunday, PTI and PAT approached the courts for the release of the arrested persons as well as for a legal counter attack against the government functionaries.

While one party challenged the imposition of Section 144 in the capital, the other tried to accuse the government of murder.

The government has already registered over a dozen FIR’s against the PTI and PAT leadership.

A senior lawyer and PMLN Senator Syed Zafar Ali Shah argued that the PTI and PAT had shifted the controversy from street demonstrations to the courts which “is a change in their earlier strategy.”

However, he added that “this was a political issue that should be decided politically.”

Mohammad Ramzan Chaudhry, the vice-chairman of the Pakistan Bar Council, also echoed the view that the protesting parties might have changed their strategy.

“They wanted to put maximum pressure on the government to achieve their targets and filing request against the government’s action may create some problems for the regime,” he said.

Retired Justice Wajihuddin Ahmed, who belongs to the PTI, was of the opinion that after fruitless and repeated ultimatums the parties might have changed their strategy in the hope of making a breakthrough through the courts.

“Since they have witnessed some positive results on the petitions they recently filed with the courts, in my view they are trying to involve the courts to get some relief which the government is reluctant to provide them,” he said.

The day began on Monday with the PTI leadership filing a petition that challenged the imposition of Section 144 in the federal capital, which prevents a gathering of five or more people at a place.

PTI secretary general Jahangir Tareen, vice-chairman Shah Mehmood Qureshi, members National Assembly (MNAs) Arif Alvi, Asad Umar &Shafqat Mehmood filed the petition in the Islamabad High Court (IHC).

The petition argued that the notification issued on August 7 by the Islamabad administration imposing Section 144 in the capital was illegal.

The notification issued by the district magistrate, Mujahid Sherdil, stated: “In exercise of powers conferred on me (district magistrate) under Section 144 CrPC 1898 I do hereby prohibit all kinds of gathering of five or more persons, processions/rallies and demonstrations at any public place, including the Red Zone.”

Arguing that “Freedom of assembly and freedom of speech are fundamental rights,” the petition said the PTI began a peaceful march towards Islamabad which reached the city on August 15 and after three peaceful days on Kashmir Highway, moved to Constitution Avenue.

The petition added that on the night of August 30, the protesters started moving towards the Prime Minister House when the police used firearms, heavy teargas shelling and batons to stop them.

It said between the nights of August 30 & 31, several PTI workers and participants of the sit-in were arrested by the officials of the Islamabad, Punjab and AJK police.

The requested maintained that the PTI chairman had announced the celebration of ‘One nation day’ on September 13 when the district magistrate issued the notification notification riding for politically motivated purposes.

It alleged that PTI workers, voters, supporters and participants had been targeted and were arrested from their residences, hotels and while travelling to and from the sit-in.

The requested the court to declare the imposition of Section 144 illegal and restrain the law enforcement agencies from detaining and arresting the participants of the PTI sit-in.

ISLAMABAD HIGH COURT Justice Athar Minallah will hear the petition on Tuesday (today).

Pakistan Awami Tehreek was not far behind. Its workers approached a district and sessions judge, requesting that it order the police to register an FIR against the prime minister and other senior government officials for the killing of protesters who died on the night of August 30 when the two parties tried to storm the Prime Minister House.

The judge not only admitted the requested  but also gave the orders for the registration of the case.

Anti-Terrorism Court  provides breathing space to protesters

Meanwhile, an Anti-Terrorism Court (ATC) on Monday granted bail to 102 people who had been arrested on the charges of attacking the Parliament House on August 30.

The day after the attack on August 31, the Secretariat police had registered a case under different articles of Pakistan Penal Code (PPC) and Section 7 of the Anti-Terrorism Act.

During the hearing on Monday, the lawyers representing the PTI and PAT claimed that the police had arrested innocent people who were not involved in the attack on Parliament House.

The lawyers said the police did not produce the accused for mandatory identification parade before registering the FIR.

Representing the federal government, Deputy Attorney General Malik Faisal Rafique opposed the bail granted to the accused, claiming that the prosecution had sufficient evidence to prove their involvement in the attack.

He said the accused had yet to be interrogated about their abettors.

The court, however, granted bail to all the 102 petitioners and directed each of them to deposit Rs50, 000 in exchange of their freedom.

Tuesday will now reveal the next legal twists and turns the two sides will come up with.