PTI long march case: Protest right cannot be used to overthrow lawful govt, rules IHC

ISLAMABAD: The Islamabad High Court (IHC) has directed the provincial governments and relevant authorities to take departmental action against any government official who violates its orders or facilitates any march, rally or procession heading towards the federal capital.

The directions were issued in a detailed judgment on a petition concerning the Pakistan Tehreek-e-Insaf (PTI) proposed march to Islamabad.

According to the judgment, the petitioner had stated that the chief minister of Khyber Pakhtunkhwa had announced that he would personally lead the march.

The IHC observed that the matter required an unusual degree of constitutional balance, as the right of citizens and political parties to assemble peacefully, express political dissent and participate in democratic activities must be balanced against the rights of other citizens to life, liberty, dignity, free movement, lawful trade and business, access to hospitals, educational institutions, courts and workplaces, and the continued functioning of the federal capital.

The court noted that freedom of movement, assembly, association and political rights are guaranteed under the Constitution but remain subject to reasonable restrictions imposed by law in the public interest, public order, sovereignty or integrity of Pakistan, and morality, as applicable.

“These rights are consequently fundamental but not absolute,” the judgment stated.

It said there were four important requirements for the exercise of these rights: an assembly must be peaceful and without arms, while any restrictions must be imposed by law, be reasonable and be connected with public order.

The IHC also referred to a 2025 Supreme Court judgment, observing that peaceful assembly, association and public demonstrations or protests are permissible within reasonable legal restrictions, provided they do not involve violation of the law or taking the law into one’s own hands.

The court said the right to assemble peacefully and without arms was subject to reasonable restrictions imposed by law in the interest of public order. It added that while the right of assembly was recognised as a means of preserving democratic order, it could not be used to overthrow a lawful government or bring about a revolution or insurrection.

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While disposing of the petition, the IHC directed that no political party, political leader, provincial government or public office holder had the lawful right to occupy public roads, highways, interchanges, toll plazas, buildings or similar places within, leading to or out of Islamabad, or to obstruct the free movement of citizens and access to trade, business, medical facilities and educational institutions.

The court directed provincial governments, including chief ministers, to ensure that government resources, public funds or officials were not directly or indirectly used or deployed to participate in or facilitate any march, procession or rally heading towards Islamabad.

It further ordered that no official vehicle, machinery or other government equipment be used to aid or facilitate participants in such activities.

The provincial governments were also directed to ensure that no public servant was compelled, coerced, induced or otherwise required to participate in any march, procession or rally heading towards the federal capital.

The court directed the Islamabad Capital Territory administration and the Ministry of Interior to ensure that no person residing in Islamabad undertook any activity that infringed upon the constitutional rights of other citizens.

The IHC also directed the chief secretaries and inspectors general of police of the provinces, the federal interior secretary, the Islamabad chief commissioner and the IG Islamabad to issue instructions to government officials serving in Islamabad or the provinces.

Under the directions, officials were not to comply with any order compelling them to aid or facilitate a march, rally or procession heading towards Islamabad. Any official facing such coercion was required to immediately inform the relevant chief secretary, chief commissioner or inspector general of police.

The authorities were further directed to ensure that no person was allowed to participate in a march, rally or procession with the intention or consequence of obstructing free movement, trade, business and commerce, or access to educational and medical facilities and the lawful use of property in Islamabad.

The court ordered the establishment of helplines or other direct communication mechanisms to enable officials to report any coercion or inducement by political leaders or public office holders.

It further directed the relevant authorities to promptly initiate departmental action against any official who violated the court’s order or the instructions issued in compliance with it.