IHC Declares PTI Protest Violates Constitution
The Islamabad High Court (IHC) issued a 37‑page judgment on September 14 that any activity infringing citizens’ fundamental rights constitutes a breach of the Constitution. The ruling directly addresses the Pakistan Tehreek‑e‑Insaf (PTI) plan to march to Islamabad on September 27, 2026, demanding the release of party founder Imran Khan and asserting constitutional supremacy.
The petition was filed by citizen Waqas Ahmed, who argued that the protest could disrupt traffic, commerce, and public services in the federal capital. The court’s decision balances the right of political parties to assemble with the rights of other citizens to life, liberty, and access to essential services. It reiterates that peaceful assembly is permissible only when it does not infringe on fundamental rights.
The bench, led by Chief Justice Sardar Muhammad Sarfraz Dogar and joined by Justices Muhammad Asif and Muhammad Azam Khan, heard arguments from the Attorney General, Additional Attorney General, provincial advocate generals, and the petitioner’s counsel. The court rejected objections regarding jurisdiction, clarifying that Article 199(1)(c) allows a high court to issue directions where a governmental function directly affects its territorial jurisdiction.
Key legal points include the court’s refusal to accept that the petition was unmaintainable due to the absence of the Khyber Pakhtunkhwa Chief Minister as a respondent, and the rejection of the claim that the petitioner had an adequate alternative remedy under the Peaceful Assembly and Public Order Act, 2024. The IHC also referenced Supreme Court precedents, notably the Faizabad sit‑in case and the 2022 PTI march ruling, to underscore that prior assurances of peaceful conduct were not honored.
Procedurally, the court allowed the Islamabad deputy commissioner to record electronic evidence, and video footage of the 2022 and 2024 protests was shown to the bench. The court described the conduct as “highly disturbing and reflective of violence and aggression.” It further noted that provincial government resources had been used to facilitate political objectives during those episodes.
In its directives, the IHC prohibited any political party, leader, or public office holder from occupying roads, highways, or public spaces in Islamabad in a manner that obstructed free movement or hindered trade, business, or access to medical and educational facilities. It also ordered provincial governments to prevent the use of public funds, officials, or equipment to support the march and to establish mechanisms for reporting coercion.
The ruling establishes that any person or public office holder whose actions violate citizens’ fundamental rights will be deemed to have breached the Constitution and their oath of office. The decision is expected to influence how future protests are managed in Islamabad and may set a precedent for the balance between political expression and constitutional rights in Pakistan.
