ISLAMABAD: Pakistan Tehreek-i-Insaf founder Imran Khan approached the Supreme Court on Thursday, seeking the constitution of a judicial commission to probe alleged suppression and targeting of party workers and leaders by state authorities in collusion with “unknown persons”.
Headed by Chief Justice of Pakistan (CJP) Yahya Afridi and consisting of two senior most judges, namely Justice Syed Mansoor Ali Shah and Justice Munib Akhtar, the judicial commission should look into political and non-political interference in the functioning of the state authorities and violation of the oaths taken under the Constitution by the functionaries, identifying responsible and culpable individuals, the petition pleads.
Filed by PTI Secretary General Salman Akram Raja, the petition asks the apex court to issue orders to ensure the protection of fundamental rights of citizens, including the rights to life, freedom of assembly, expression, movement, information and fair judicial redress as guaranteed by the Constitution.
Wants Justice Mansoor to be part of body; contests denial of NOC for rally on 24th
The petition has also sought a direction from the Supreme Court against the denial of the no-objection certificate (NOC) for holding the upcoming political gatherings by the PTI, preferably on Nov 24.
The petition has named a number of respondents, including almost all important ministries of the federal as well as the provincial governments.
‘Unlawful use of MPO’
It demands the apex court to issue directions, prohibiting the abuse of Section 144 of CrPC by the local administration to infringe upon the right to assembly.
The court should also prohibit indiscriminate and unlawful use of detention orders under the Maintenance of Public Order Ordinance (MPO) 1960 against political workers, civil and human rights activists and political opponents, it says.
The petition asks the court to restrict the authorities from sequential FIRs against the same individuals by declaring that the high courts have the jurisdiction to issue orders restraining the police/authorities from arresting and detaining an accused where there is an intent to harass citizens and deprive them of liberty.
The court should also pass orders that no arrest may be affected without first informing the court, impose curbs on indiscriminate power of arrest available to the state and restrain the abuse of law by regulating the registration of the FIRs against PTI workers for peaceful protests.
The petition points out violations of fundamental rights by the government and state authorities allegedly in collusion with ‘unknown persons’. It points out harassment of political figures, human rights activists by the state through arrests, fabricated charges and detentions.
The petition highlights the disproportionate application of laws to stifle dissent, impede political participation and erode public trust in democratic institutions.
Published in Dawn, November 15th, 2024
