LAHORE: The Lahore High Court on Tuesday while hearing a plea against the imposition of Section 144 in Lahore, sought from the Home Department a comprehensive plan of the caretaker government for dealing with political processions and rallies till Wednesday (today).
The single-member LHC bench, comprising Justice Tariq Saleem Sheikh, was hearing a petition challenging the provincial government’s decision to impose Section 144 in Lahore.
Advocate Azhar Siddique filed the petition on behalf of Pakistan Tehreek-e-Insaf leader Hammad Azhar, claiming the Lahore Deputy Commissioner “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.
During the hearing on Tuesday, the court asked the government’s counsel to elaborate on which occasions Section 144 was imposed.
Responding to the court query, Azhar Siddique submitted that his client Hammad Azhar was unable to appear in the court as he was busy with filing of nomination papers at the Election Commission of Pakistan (ECP) to meet the deadline.
“The senior leadership should be present here as we want to decide this matter,” Justice Sheikh observed.
Continuing with his arguments, Advocate Siddique contended that imposition of ban on public gatherings was illegal, claiming that other political parties were holding conventions but only the PTI was being restricted from holding rallies, although the ECP had issued schedule for election in the province.
He informed the court that after announcement of the date for general elections of April 30 in Punjab, the PTI had announced its election campaign from March 12, 2023. He further submitted that the PTI had submitted an application, seeking an NOC for holding processions and rallies with the Punjab Home Secretary.
The counsel for the PTI leader apprised the bench the party was granted conditional permission to hold the rally but on March 12, the Lahore DC, illegally and unlawfully, imposed Section 144 in Lahore restricting the PTI’s rally.
“All efforts were made specifically to sabotage and restrain the PTI from conducting its well-in-advance fully-scheduled rightful and lawful political rally,” he argued.
Azhar Siddique made a point saying once the ECP announced the schedule for the general election there was no room for administration to impose Section 144.
The counsel prayed the court to keep restrained the quarters concerned from issuing such notifications in the future, terming them as a clear negation of the fundamental rights of the political party. He further requested the court to direct the authorities to provide sufficient security to PTI’s rallies in the future.
After brief hearing, the bench sought a comprehensive plan of the caretaker government for dealing with political processions and rallies from the Additional Secretary Home and adjourned the proceedings till Wednesday (today).