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ISLAMABAD (Asim Javed) A three-member bench of the Islamabad High Court has declared in the case against PTI’s possible long march on September 27 that the siege of the capital would be against the constitution, peaceful protest is a constitutional right, march armed or supported by government resources does not have constitutional protection, any activity that affects the fundamental rights of citizens will be considered a violation of the constitution, the person responsible will have to face legal action according to law, PPI has a history of ignoring court orders. The Islamabad High Court issued a detailed decision containing 37 pages. A three-member bench headed by Chief Justice Sardar Mohammad Sarfaraz Dogar, comprising Justice Mohammad Azam Khan and Justice Mohammad Asif, said that political parties have the constitutional right to peaceful assembly and political dissent. Citizens’ rights to life, liberty, dignity, free movement and business are also constitutional. A constitutional balance between the right to political protest and the fundamental rights of citizens is essential. The right of political party to protest is subject to the constitution and law. The question is also to what extent can the High Court intervene in the case of premature political protests? The court said that the continuation of the normal functioning of the constitutional institutions in Islamabad is also of fundamental importance. Citizens have the right to access hospitals, educational institutions and courts. Article 15 of the Constitution gives citizens the right to freedom of movement within Pakistan. Under Article 16, citizens also have the right to peaceful and unarmed assembly. Restrictions on assembly may be imposed only in accordance with law and reasonably in the public interest. Article 17 gives citizens the right to form associations and unions. Restrictions on freedom of assembly may be imposed by law in the interest of public order. The detailed judgment further stated that the protest scenes of 2022 and 2024 were reflective of violence and aggression.
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