- Justice Aamir Farooq terms freedom of assembly and movement fundamental rights under Articles 16 and 17 of Constitution
ISLAMABAD: The Islamabad High Court (IHC) on Saturday directed the Islamabad authorities to designate a place for the Pakistan Tehreek-e-Insaf’s (PTI) demonstration to prevent any unlawful lockdown situation and disruption during the upcoming SCO summit.
IHC Chief Justice Aamir Farooq issued the directives through a three-page order after hearing a petition filed by Traders Welfare Association President Raja Hassan Akhtar, seeking the court’s intervention to stop the PTI from protest in Islamabad.
In its order, the high court noted that the freedom of assembly and movement are fundamental rights provided to the citizens under Articles 16 and 17 of the Constitution.
However, such activities “are subject to reasonable and proportional restrictions in accordance with law. Such restrictions are only justifiable through a legitimate purpose which must be in the best interest of the larger public,” the order read.
Justice Farooq stated that the Ministry of Interior and the Islamabad administration were responsible for the maintenance of peace and law and order in the federal capital.
The high court directed the authorities to maintain “principles of proportionality and legitimacy of public purpose” and prevent “harsh or disproportionate restrictions which would otherwise amount to unlawful infringement of rights”.
The IHC CJ directed authorities to take reasonable and proportional measures to ensure safety and public order in Islamabad.
The high court also stated that “no unlawful assembly shall be allowed to be held in ICT keeping in view the provisions of Peaceful Assembly and Public Order Act, 2024”.
It asked the federal government and the Islamabad administration to allocate a place to the PTI for an assembly or protest.
