Babar Awan argued in court on behalf of petitioner Asad Umar (Photo File).
Islamabad: The Islamabad High Court reserved its decision on the petition of Tehreek-e-Insaf leader Asad Umar against the implementation of Section 144 in the federal capital.
In the hearing of the case in front of Chief Justice Athar Minullah, Babar Awan, on behalf of the petitioner Asad Umar, took the position in the court that the implementation of Section 144 is an unconstitutional law to prevent peaceful protest. The British Raj created this law which is still being used today.
During the hearing, the Chief Justice remarked that this party has the government in 2 provinces, has section 144 never been implemented here? The matter of law and order is to be looked after by the executive, in which the court will never interfere. When PTI was in government, was Section 144 not enforced in Islamabad? .
Lawyer Babar Awan told the court that it is not a request of a political party but of a former MNA, on which the Chief Justice said that it is not a request of a former member of the Assembly, the petitioner is still a member of the National Assembly. Babar Awan said that I cannot disagree with you, but I can definitely correct it. We resigned in front of everyone, I don’t want to go into it now. The Chief Justice replied that until the resignation is accepted, he is a Member of the Assembly.
The court inquired that this party has government in two provinces, if you understand then prove the conduct by finishing there first. Will they not enforce Section 144 in both provinces? Lawyer Babar Awan told the court that this law can remain in force for a maximum of seven days or two consecutive days in a month. It is written in the law, which cannot be left out.
The Chief Justice remarked that there are governments of this party in Punjab and KP, you should first go to these provinces and get this law repealed by the assembly, to which Babar Awan said that the petitioner is a citizen living under the jurisdiction of this court. I want to keep politics out of the court, I will talk about the constitution here. I don’t want to put my political plan before the court.
Babar Awan said that if any law is made that contradicts the constitution, the court can declare it null and void. The Chief Justice remarked that if you want to hold a rally, apply to the Deputy Commissioner. Later, the court reserved the decision as the petition was admissible.
