Sher Jamal & others vs Wali Sardar alias Ali Sardar & others
This matter comes before the Supreme Court upon an application for adjournment due to road blockades caused by a public demonstration or dharna in the capital city of Islamabad and Rawalpindi. The core legal question concerns the infringement of citizens' fundamental rights, including the right to life, freedom of movement, and the right to education, due to the unauthorized blocking of public highways and roads by protesters. The Court held that the prevailing situation involving the blocking of public thoroughfares and hindrance of access to courts, hospitals, and schools constitutes a matter of public interest prima facie infringing fundamental rights under the Constitution. Consequently, the Court took cognizance of the matter under Article 184(3) of the Constitution and issued notices to key state functionaries, including the Attorney General for Pakistan, Secretary Interior, and Secretary Defence, directing them to submit reports on measures taken to protect and enforce constitutional rights.
- Does the blocking of public highways and roads by protesters infringe upon the fundamental rights of citizens under the Constitution of Pakistan 1973?
- Can the Supreme Court take cognizance under Article 184(3) of the Constitution when public access to courts, schools, and hospitals is impeded by widespread protests?
- What obligations do state functionaries have to ensure the protection and enforcement of constitutional rights during public demonstrations?
- Article 9, Constitution of Pakistan 1973
- Article 15, Constitution of Pakistan 1973
- Article 19, Constitution of Pakistan 1973
- Article 25A, Constitution of Pakistan 1973
- Article 184(3), Constitution of Pakistan 1973
- Article 227, Constitution of Pakistan 1973
Syed Rifaqat Hussain Shah, learned AOR has moved an application seeking adjournment on behalf of Mr. Muhammad Ibrahim Satti, learned ASC for the petitioner , solely on the ground that he resides within the vicinity where the area is blocked by Dharana , therefore, he is unable to attend the Court today .
2. Mr. Sohail Mehmood, learned DAG was in attendance in Court, and when his assistance was sought whether public highway/roads can be blocked and he stated that on account of Dharna he himself faces tremendous impediments and difficulties while approaching the Court, and he leaves his home at 6.30am in the morning to get to this Court.
3. It appears that at the hands of a few miscreants Capital City of Islamabad and its twin city Rawalpindi are being held hostage whilst State functionaries appear to be parleying with them rather than clearing the way for the public who are being denied access to courts, schools, place of work, etc. It has also been reported that ambulances and sick persons' access to hospitals is impeded, children can't reach schools and students can't reach their colleges/universities. The leaders of the Dharna are also reported to be using abusive and filthy language and provoking and promoting enmity .
4. The prevailing situation demonstrates that the matter is one of public interest and a number of Fundamental Rights of the citizens enshrined in the Constitution of Islamic Republic of Pakistan, including, right to life (Article 9), freedom of movement (Article 15), right to education (Article 25A) are prima facie being infringed, which enables this Court to take notice under Article 184(3) of the Constitution.
5. Those in the Dharna are ostensibly advocating a religious cause without recourse to the courts, including the Federal Shariat Court, and by taking the law into their own hands and by sowing divisions ('tafarraqu') and difference ('ikhttalafu') against the clear proscription by Almighty Allah in Surah Ash-Shura (42) ayat 13, Surah Al- Imran (3) ayat 103 and ayat 105. Prophet Muhammad (peace and blessings be upon him) expanded on the Divine Message, warnings: "Do not engage in disagreement thereby causing discord among your hearts". When two Muslims were loudly arguing in disagreement about the meaning of a Quranic verse he said: "People before you perished only because of their disagreement about the Scripture." In his famous sermon delivered at mount Arafat he said that, "Every Muslim is a Muslim's brother, and that Muslims are brethren". He abhorred dissension (fitnah).
Shortly before his death he said, "O people the fire has been kindled, and dissension has set in like segments of a dark night." The question therefore arises whether those voicing such views in the Dharna are attempting to undermine 'the glory of Islam' (Article 19) and acting contrary to Article 227 of the Constitution.
6. We would therefore issue notices to the Attorney General for Pakistan, Secretary Interior , Secretary Defence and Advocate General, Punjab. The learned Attorney General for Pakistan is also directed to file comments of the Ministry of Interior and Defence, the intelligence agencies under their respe ctive ministries, including the Intelligence Bureau (IB) and Inter Service s Intelligence (ISI) and to submit what, if any, measures have been taken to ensure that the Constitutional rights of the citizens of Pakistan are protected and enforced in accordance with law.
7. Re-list on 23.1 1.2017