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PTI asks whether protests fall in SC jurisdiction
By Amir Jalil BobraISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) on Tuesday asked the Supreme Court whether protests fall in the court’s jurisdiction and can the court pass a judgment to regulate or direct a sit-in.
The PTI submitted a written reply in response to the court orders regarding proposals to resolve the current political standoff in the country. The reply consisted of 16 questions.
The PTI asked the court, “Has the court got the jurisdiction to grant the constitutional petition 74 of 2014 in terms of Article 184(3) read with Article 199 of the constitution?”
“Does the definition of ‘person, provided in Article 199 (5) read with Article 184 (3) of the constitution include a political party duly registered under laws of Pakistan and, particularly, in terms of a direction by the supreme court to such a political party for its compliance?”
“What does the word “dharna” mean in the context of the existing constitutional petition 74 of 2014? How should a political dharna be regulated in the future by way of the judgement of this court of enactment of legislation pertaining to the same; balancing the fundamental rights guaranteed under the constitution, state’s role in the regulation of dharna, and use of force by the police or any other laws enforcement agencies of the state,” the written reply added.
“Is there at present, and pertinent legislation which regulates “dharna” in Pakistan? What is the scope of the Article 16 of the constitution in respect of such dharna,” the reply said.
“What amount to a reasonable restriction imposed by the law? What would fall under the remit of ‘interest of public order? Where does the test lie for determining the extent of the reasonableness of the restrictions and what actions would be in the interest of public order?” the reply asked.
“What is the redressal mechanism for citizens of Pakistan who are of the view that they have been deprived of their rights to assembly as provided under the constitution and deprived unlawfully by the state?” the reply asked further.
Courtesy www.dailytimes.com.pk