SC to hear plea seeking to avoid any extra-constitutional steps

ISLAMABAD: The Supreme Court of Pakistan (SC) will resume hearing the identical petitions filed by the presidents of Supreme Court Bar Association (SCBA) and High Court Bar Association, Multan Bench seeking the apex court’s direction that no authority or state functionaries take any extra-constitutional steps in the prevailing political situation of the country.




A five-member larger bench of the apex court, headed by Chief Justice Nasirul Mulk, will resume the hearing into the identical petitions seeking its direction to restrain the PTI chief Imran Khan and PAT chief Dr Tahirul Qadri from taking out illegal processions and trespassing prohibited zones, including the Constitution Avenue, offices of foreign missions, Pakistan Secretariat offices and legally ban them from conducting all sorts of marches, including Dharnas and civil disobedience by offending public peace and tranquility in any manner.

The judges could not reach the court via Shahra-e-Dastoor even today.

The court on Wednesday, while directing the Pakistan Tehreek-e-Insaf (PTI) and Pakistan Awami Tehreek (PAT) to ensure that one side of the Constitution Avenue was cleared by today, observed that the matter was not of the Constitution Avenue but the Constitution and asked if the prime minister could be forced to resign after gathering a crowd.

Justice Asif Saeed Khosa, in his remarks, said that the Constitution and democracy were in danger. During the hearing, Justice Anwar Zaheer Jamali observed it was regretful that today a crowd of 50,000 people was demanding the resignation of the prime minister and anyone who could assemble 200,000 people would again demand it, which was unacceptable.

The apex court made it clear that the court would not renounce its authority and powers. The court, after giving another day to the PTI and PAT to clear one side of the Constitutional Avenue, directed its Registrar, the attorney general, counsels for PTI and PAT to visit the Constitution Avenue and ensure that there was free movement on one side of the road and submit its report today (Thursday).

The court gave this direction after Chief Justice Nasirul Mulk noted that although the PAT and PTI had claimed that one lane of the road had been cleared yet in reality the situation was quite different.

The chief justice observed that there were still obstacles on the road as lawyers, litigants and court staff were being checked randomly by the PAT workers on the road. Justice Saqib Nisar observed that it was painful to hear that a leader had declared democracy as a curse.

He said the Pakistan Awami Tehreek leadership had admitted that they had no control over their workers, therefore, placement of containers on roads provided justification. However, the court would consider this issue later on.

Justice Jawwad S Khwaja said after freedom, the Constitution is the biggest blessing of Almighty Allah and it was the national obligation to protect it at all costs. Justice Asif Saeed Khan Khosa, another member of the bench, observed that the court’s main focus was to protect the Constitution, adding that the court had already passed an interim order for restraining the state institutions from taking extra-constitutional steps in the present situation.

Justice Khosa further said that the court would pass another order if needed.

PTI’s counsel Hamid Khan proposed that the court should exercise suo moto in order to resolve some concerns of the protesters. The court, however, asked the learned counsel to file a petition in this regard.