Islamabad (Staff Report/Agencies): The Islamabad High Court (IHC) on Monday reserved its verdict on the on the maintainability of PTI leader Asad Umar’s plea challenging the imposition of Section 144 in the capital.
IHC Chief Justice Athar Minallah took up Umar’s plea, requesting the court that imposition of Section 144 in the capital should be declared “ultra vires to the express provisions of the Constitution”.
The PTI leader, in his plea, prayed that Section 144 of the Code of Criminal Procedure, 1898 being a reflection of colonial legacy as adopted be declared ultra vires to the express provisions of the Constitution of Pakistan, 1973 as well as the fundamental rights guaranteed by the Constitution of Islamic Republic of Pakistan.
“It is further prayed that issuance of notifications under the garb of provisions of Section 144 of Code of Criminal Procedure, 1898, imposing continuous restrictions of more than two months be declared void ab initio, illegal, unlawful, against the express provisions of Article 4, 8, 10-A, 15, 16 and 17 of the constitution of the Islamic Republic of Pakistan, in the interest of justice.”
During today’s hearing, PTI’s counsel Babar Awan argued that the district magistrate has imposed the section for two months which is against the law.
The CJ inquired the petitioner how his rights are violated. To which, Babar Awan said that a rally cann’t be brought out in these circumstances.
The chief remarked that there’s a procedure that needs to be followed to seek permission for a rally and a judgment has also been issued in this regard.
Justice Minallah said the executive had to maintain peace and deal with the matters of law and order, in which the court would never interfere.
After hearing the arguments, the court reserved the judgement on the maintainability of the plea.
Section 144 of the Criminal Procedure Code restricts the assembly of gatherings exceeding four persons.
