18:43
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IHC Chief Justice Hameedur Rehman dismissed the plea, observing that holding a long march was the fundamental right of everyone and it could not be termed as an attempt to establish a parallel democratic system.
However, the single bench ofpetitioner to approach the proper forum to his grievances redressed. During the course of proceedings, the chief justice remarked that holding demonstrations and marches were common in democratic setups world over.
Shahid Orakzai, the petitioner, alleged that the long march call was an attempt to establish a parallel legislative body seeking to overthrow the Majlis-e-Shoora, which would be a “direct challenge to the sovereignty of Pakistan.
He pleaded that the Chief Commissioner Islamabad might be directed to “prevent any gathering” in the capital for such objectives. The court was asked to declare that “no person shall be allowed to assemble any decision making body above the Majlis-e-Shoora (Parliament).”
He pointed out that the respondent Tahirul Qadri held a public audience in Lahore on Dec 23 last and the Punjab government remained a “silent spectator” to the flagrant misuse of the fundamental right of freedom of expression.
“Private television channels broadcast his political sermon worldwide although no foreigner can misuse freedom of expression under Article 19, which is the right of a citizen of Pakistan,” the petition pointed out.
Orakzai in his petition also stated that Qadri, who had acquired citizenship of another state, could not exercise the Right of Movement under Article 15, the Right of Assembly under Article 16, the Right of Association under Article 17 and the Freedom of Expression under Article 19 because all of these freedoms were given only to the citizens by the Constitution, which were being misused by the respondent.
He said that no association or union could operate as a full-fledged political party until it complied with the constitutional requirements.
The respondent should be asked whether his “brainchild Parliament” would be holding its maiden session in the capital as an association and a union or as a political party, the petitioner questioned.
Our correspondent adds: Meanwhile, the Communist Party on Wednesday moved the Supreme Court against the long march of Tahirul Qadri, Chief of Minhajul Quran, demanding of the court as well as the government to cancel the registration of Minhajul Quran as NGO.
Engineer Jameel Ahmed Malik, Chairman Communist Party of Pakistan filed a petition under Article 184 (3) of the Constitution, making Tahir ul Qadri, Federal government, MQM, ANP, PML-N, Jamaat-i-Islami and others as party in the instant petition.
The petitioner contended that Minhajul Quran is not a political party but an NGO which was registered in 1981 under Section 1 of the Societies Registration Act, 1860, adding that according to its constitution, no NGO can participate in politics nor can it hold a procession by calling for a long march or strike.
Any political party under Article 17 of the Constitution can hold a long march to Islamabad but the Constitution prohibits the NGO like Mihajul Quran to give a call for long march and to act like a political party.
The petitioner alleged that Tahirul Qadri is working on a foreign agenda and his long march is a conspiracy against democracy and upcoming general elections, adding that it’s right time that the Supreme Court should exercise its inheritance powers to restrain Tahirul Qadri from holding long march.
He further alleged that Tahirul Qadri is a Canadian citizen and every Canadian citizen takes oath of loyalty and submission to the British Queen. The petitioner added that it’s a very tragic moment for all the religious scholars that the great scholar and Sheikhul Islam has taken oath of allegiance to the Queen and he cannot be loyal to Pakistan and Islam.
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