LHC declares PTI's petition seeking permission for Lahore rally inadmissible
Pakistan
LHC ordered the DC to make decision on the application by 5pm
LAHORE (Dunya News) – The Lahore High Court (LHC) on Friday declared petition filed by the Pakistan Tehreek-e-Insaf's (PTI) leaders seeking permission to hold public rally in Lahore inadmissible.
The hearing on the petitions of Aliya Hamza and others was held in the LHC regarding the permission of PTI's Lahore rally scheduled to be held on Sept 21.
Three member bench headed by Justice Farooq Haider heard the petitions.
Inspector General (IG) Punjab Police Dr Usman Anwar and Chief Secretary Punjab Zahid Akhtar Zaman appeared before the court.
The court also asked about the advocate general (AG) Punjab who was conspicuous by his absence, on which the public advocate told that AG was in Islamabad.
The public advocate pleaded before the court to reject the petitions about PTI's Lahore rally, and took the stance that Alia Hamza and others did not approach the right forum for the permission of rally.
Opposition Leader in the National Assembly Omer Ayub and Opposition Leader Punjab Assembly Malik Ahmad Khan Bhachar had also moved the LHC seeking permission to hold public rally in the provincial capital.
"The permission was not granted while keeping in view the reports of the intelligence agencies. The speeches done in the recent rallies of PTI are part of record. In the previous rally of the PTI in Islamabad, anti-court and anti-state speeches were made while objectionable language was used against the journalists. Hammad Azhar who is an absconder in many cases, also made a diatribe in the previous rally. Ali Amin Gandapur also made immoral remarks,” the public advocate remarked.
Justice Ali Zia Bajwa asked if Alia Hamza held any official position in the PTI, on which the PTI lawyer told the court that Alia Hamza was the member of Central Executive Committee (CEC) of the PTI.
The court asked the Lahore deputy commissioner (DC) to come forward and inquired if any application was submitted to get the permission for rally on which DC told the court that he did not receive any application.
"It is evident from the record that no any formal application was submitted to get the permission of rally." Justice Tariq Nadeem said.
"According to law, the submission of formal application is necessary," said Justice Farooq Haider.
Justice Haider while pointing towards the PTI lawyer said that the Secretary General of PTI submitted application to get the permission of rally on Sept 22 and you asked for September 21.
The court further inquired, "Where is Aliya Hamza?"
On which PTI's lawyer Ishfaq Chaudhry told that she was still in house arrest.
"Submit an application now then we will be back in fifteen minutes, the DC will have to make decision on the application today," Justice Haider directed the PTI lawyer.
After that the court adjourned the hearing regarding the petitions of permission for PTI's rally for some time.
On the resumption of hearing Chief Secretary was called on the rostrum.
"See, we breathe free due to existence of Pakistan. Those who are in the government today they were in the opposition in the past. You were serving then and you are serving now, after every fifteen to twenty days such a petition is filed, would not it be better to allocate a place in every district for rallies?" said Justice Nadeem.
The court further remarked in the dialogue with the chief secretary that Lahore was a big city and two to three places should be allocated for rallies in the city.
"Here the situation is that if a rally is taking place in the front while people can’t perform funerals in the back. The governments come and go but do something that will make people remember you forever." The court observed.
"Today these people are saying that they are not getting permission and yesterday they were saying, the world has gone far ahead and we are still stuck in the lack of right of freedom of speech and holding a rally." Justice Nadeem remarked.
Justice Haider while addressing the Punjab IG said that we were not expecting from you that you will harass people illegally.
However, the Punjab IG denied the claim.
On this Latif Khosa decried, "Don't lie IG Sir, police have been standing outside my house for a week."
Justice Haider gave remarks that it was on the record that no any application was submitted by Alia Hamza to get permission of rally, however, they just submitted the handwritten application to the DC on the order of court.
Later, the LHC ordered the DC to make decision on the application to get permission of rally in Lahore by 5 pm in the evening.
Meanwhile, the court also rejected the petition to stop PTI from Lahore rally and declared it inadmissible.