IHC details limits on PTI march, bars roadblocks and state resource use

The Islamabad High Court has issued a detailed 37-page judgment concerning a possible Pakistan Tehreek-e-Insaf protest scheduled for September 27, setting out legal limits on marches and demonstrations that interfere with the fundamental rights of residents of the federal capital. A three-member larger bench headed by Chief Justice Sarfraz Dogar issued the detailed ruling after the court had announced its decision on September 14.

The court held that political activity affecting citizens' constitutional rights, including their ability to move freely, conduct business and reach workplaces, hospitals and educational institutions, could not be justified solely by invoking the right to protest. It said peaceful assembly remains constitutionally protected but is subject to restrictions imposed by law in the interests of public order and the rights of others.

According to the judgment, no political party, political leader, provincial government or public office holder has a lawful right to occupy highways, interchanges, public roads or other places leading into or out of Islamabad in a way that obstructs citizens. The court said public roads are intended for the free movement of all citizens and cannot be blocked to exert political pressure or maintain permanent sit-ins.

The ruling also placed restrictions on the use of government resources in political mobilisation. Provincial governments were directed to ensure that public funds, official vehicles, machinery and government employees are not used directly or indirectly to facilitate marches, rallies or processions towards Islamabad. Public servants should not be compelled or induced to participate in such activity, according to the court's directions.

Authorities were further directed to create communication mechanisms through which officials could report pressure or coercion from political leaders or public office holders. The judgment said departmental action should be initiated against officials who violate the court's directions or instructions issued to implement them. The Islamabad administration and the federal interior authorities were also told to protect citizens from activities that unlawfully interfere with their constitutional rights.

In discussing earlier demonstrations, the court referred to protests held in 2022 and 2024 and stated that previous marches had involved violence, damage to property and disruption of daily activity. It also referred to the use of provincial resources during earlier political mobilisation. These observations form part of the court's account and reasoning in the judgment rather than an independent finding about the motives of any political party.

The court emphasised a distinction between peaceful political dissent and conduct involving weapons, road blockades or the use of state resources. It said a peaceful protest is protected within the constitutional framework, while an armed march or an activity that deprives other citizens of their rights does not receive the same protection. The ruling therefore focuses on how a protest is conducted rather than prohibiting political expression as such.

The judgment is expected to guide preparations by the Islamabad administration, federal authorities and provincial governments ahead of any planned political mobilisation towards the capital. Implementation will involve issuing instructions to relevant officials, protecting transport and public access routes, and responding to violations through legal or departmental procedures while preserving the constitutional right to peaceful assembly within the limits described by the court.