The Islamabad High Court has barred political parties from occupying roads and public places in and leading to the federal capital (Express Tribune).
Who ordered it
A three-member bench led by Chief Justice Sardar Muhammad Sarfraz Dogar. The petition was disposed of.
What the order covers
Political parties, political leaders, provincial governments and public office holders are barred “from occupying public roads, highways, interchanges, toll plazas, buildings or other public places within or leading to the federal capital”.
Provincial governments must ensure “government resources, public funds, officials, vehicles, machinery and other equipment were not used directly or indirectly to facilitate any march, procession or rally heading towards Islamabad”.
Officials cannot be “compelled, coerced, induced or otherwise required to participate”. Helplines have been set up to report violations.
The reasoning
“No one has a lawful right to obstruct the free movement of citizens or interfere with their access to trade, business, education and medical facilities.”
The court held that violations would breach Articles 9, 15, 18, 23, 24 and 25A — life, movement, trade, property, and the right to education.
What the order does and does not say
It does not ban the march. It prohibits occupying roads and public places, which is a different thing from marching along them, and it forbids the use of state machinery to organise one.
That distinction will decide what happens on 27 September. A procession that moves is not an occupation; a sit-in is. PTI’s stated plan is a long march converging on Islamabad, and whether that becomes an occupation is a question of what happens when it arrives.
The provision aimed at one party in particular
The bar on provincial governments using public resources is directed at Khyber Pakhtunkhwa, which PTI governs and whose chief minister Sohail Afridi is to lead the march. A helpline for reporting officials who are coerced into attending is a mechanism pointed at one administration.
The rest of the apparatus
Punjab has banned gatherings of five or more until 17 September. Rawalpindi and Islamabad have sought 15,000 additional personnel and 1,000 containers; about 500 loaded container vehicles were impounded. More than 30 PTI activists were detained under public order powers.
Jamaat-i-Islami marches on the 20th; PTI on the 27th. This order covers both.
What is not established
No penalty or enforcement mechanism beyond the helplines has been described, and PTI had not responded publicly at the time of writing. It has not been reported whether any party will challenge the order.
[Image: The Express Tribune]
