Pakistan The Standing Committee on Interior of the Upper House (Senate) organized a rally in the federal capital Islamabad on Tuesday but rather has been approved by a majority vote, under which those who hold a rally, procession or protest within the limits of the federal capital without the permission of the government can be punished with imprisonment for up to three years.
of the Senate Standing Committee Senator Faisal Saleem Rehman presided over the meeting for Interior. Muslim League (N) Senator Irfan Siddiqui, while discussing the bill, said, “This bill is up to the limits of Islamabad. Even today, containers are placed in Islamabad and people are worried.” A place should be allocated where protest can be held. The purpose of bringing the bill is to bring the protest in Islamabad under the law.
Senator Faisal Sabzwari said, “Apart from political parties, religious groups also come, which poses threats to peace and order.” Senator Saifullah Abaru said, ‘Peaceful protest is the right of every citizen in the constitution. But what happened on the Kashmir highway yesterday, they should have been picked up the way Senator Mushtaq was picked up.
The committee has sought a report from the Interior Ministry on the illegal arrest of former senator Mushtaq Ahmed and ill-treatment of his family.
Former Senator Mushtaq Ahmed while talking to Independent Urdu said, ‘Our country is democratic and its constitution has given citizens the right to protest, rally or procession to raise their voice. I am surprised that a body like the Senate, whose job it is to protect the constitution and the rights of the people, itself under the constitution of the country, has introduced a bill that is 100 percent against the constitution. By approving this bill, the House and the Committee have done the work of rewriting the Constitution.
According to former Senator Mushtaq Ahmed, ‘Islamabad is the capital of the country, people will come here to convey their demands to the government. But what kind of democratic government is it that is preventing its people from exercising their legal right? We do not recognize this unconstitutional law, we will challenge the approval of this bill by our party before the Supreme Court. The court may declare the legislation invalid on first appearance as unconstitutional.’
Human Rights Commission of Pakistan (HRCP) Chairman Asad Iqbal Butt said, “It is a worrying process that a draft law has been introduced in the Senate under which the District Magistrate can be appointed as a public official on the basis of law and order in Islamabad.” The authority to ban gatherings will be given. The draft law also authorizes the use of force against protesters to disperse gatherings and arrest them if the magistrate’s instructions are not followed.
Former senator Mushtaq Ahmed said, ‘Our constitution gives full permission to citizens to protest and hold processions. But the sad thing is that the constitution under which the Senate is established has been violated by a constitutional democratic institution. We will challenge this legislation in court.’
According to President Supreme Court Bar Shahzad Shaukat, ‘The government has not banned the jalsa processions but has made it subject to the permission of the administration. If freedom of assembly, procession, protest or expression of opinion has been given in the constitution, then at the same time, the constitution has also given the authority to maintain law and order in view of the necessary reason.
According to analyst Salman Ghani, “before imposing such restrictions, the democratic government should think that tomorrow they are also going to hold a rally for their political struggle.” A separate place can be allotted instead of restriction.’
HRCP Chairman Asad Iqbal Butt while talking to Independent Urdu said, ‘This draft approved by the Senate for the purpose of bringing public gatherings under strict regulation violates the right of the people to peaceful assembly under Article 16 of the Constitution. is a violation of This law can be used not only against the opposition but also against human rights activists who mobilize people on issues considered controversial or disturbing in the eyes of the state. We strongly request the Standing Committee on Law and Justice to withdraw this draft law.
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Analyst Salman Ghani while talking to Independent Urdu said, ‘Be it a political struggle or coming out for the rights of citizens, it is their democratic and constitutional right. But keeping the state stable and maintaining law and order is also the responsibility of the government. Therefore, instead of banning the protests of the opposition parties or ordinary citizens, the government should solve the problems by talking to them. The government coalition should remember that just as they now want to destroy the democratic rights of the opposition by making laws, tomorrow when they are in the opposition, they will also have to face difficulties in political struggle.
Speaking to Independent Urdu, President Supreme Court Bar Shehzad Shaukat said, “If the government had imposed a complete ban on public processions or protests, it would have been unconstitutional.” But in the bill that has been passed in the Senate, the government has made a condition for permission from the administration which is not unconstitutional or illegal. If there is an epidemic in the country, like the corona epidemic, and someone holds a procession, it will spread the epidemic among the people, for which the government will be held responsible. It is the responsibility of the government to maintain peace and order for the lives and property of the people. Similarly, in view of special state interests, the government has the authority to enact such legislation.
According to Salman Ghani, the government is banning processions without permission up to the limits of Islamabad because on the one hand, PTI has announced a rally in Tarnool on September 8, and on the other hand, on the next A big conference is being held in Islamabad in which various officials of the world including Prime Minister China are participating. So the government does not want any disorder or untoward incident on this important occasion. As the Chinese President was supposed to come at the time of PTI’s sit-in but Tehreek-e-Insaf did not move its sit-in from D Chowk, it caused damage at the national level. Similarly, now the government wants to have a cautious policy.
He said that ‘Constitution, laws and regulations are forever, a decision must be made only after considering them. Especially, rallies, processions and rallies are the power of politics, so such decisions by consensus of political parties are necessary. Islamabad is a sensitive area, the process of allocating a separate place for processions and rallies is necessary here by consensus, but priority should also be given to listening to those who come there with an open heart.’
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#Discussion #attempt #ban #protest #permission #Islamabad
2024-09-05 17:47:17
Pakistan Senate‘s Controversial Bill on Public Assemblies: A Concern for Democracy
Table of Contents
In a significant development regarding civil liberties in Pakistan, the Standing Committee on Interior of the Upper House (Senate) has recently approved a bill that poses stringent regulations on public gatherings, rallies, and protests within Islamabad. This legislative measure has sparked a heated debate about the intersection between maintaining law and order and upholding the democratic rights of citizens.
Key Provisions of the Bill
The newly approved legislation empowers authorities to impose severe penalties, including imprisonment of up to three years, for individuals who hold rallies or protests in Islamabad without prior government permission. Senator Faisal Saleem Rehman, who presided over the meeting, emphasized the need for regulation due to ongoing public unrest in the capital. This move has raised alarms among human rights advocates and constitutional experts alike.
Reactions from Lawmakers
Senator Irfan Siddiqui from the Muslim League (N) voiced concerns that the current state of protests in Islamabad, marked by blockades and containment measures, left citizens feeling anxious and uncertain. He advocated for delineating specific areas for public demonstrations to ensure compliance with the law while allowing citizens to express their grievances.
Conversely, some lawmakers expressed their support for the bill, stating that political and religious gatherings could potentially disrupt public peace. Senator Saifullah Abaru reiterated the constitutional right to protest but stressed the need to address public safety concerns.
Human Rights Implications
The Human Rights Commission of Pakistan (HRCP), represented by Chairman Asad Iqbal Butt, has condemned the bill, arguing that it infringes upon citizens’ rights to peaceful assembly as articulated in Article 16 of the Pakistani Constitution. Butt has highlighted the troubling precedent set by granting expansive powers to district magistrates, who could potentially use force to disperse protests—a move that critics argue threatens the very fabric of democratic freedoms.
Concerns from Former Officials
Former Senator Mushtaq Ahmed has condemned the bill, asserting that it contradicts the democratic ethos of Pakistan. He pointed out that Islamabad, as the nation’s capital, should be a space where citizens can freely voice their demands. Ahmed declared intentions to challenge the bill in the Supreme Court, asserting its unconstitutional nature.
Similarly, Shahzad Shaukat, President of the Supreme Court Bar, acknowledged that while the government has not outright banned rallies, imposing conditions for administrative approval could lead to significant restrictions on citizens’ rights.
Balancing Law and Order with Democratic Rights
The legislative maneuver stems from a perceived need to manage public order, especially against the backdrop of rising tensions between various political factions in Pakistan. Analysts like Salman Ghani argue that it is crucial for the government to consider the broader implications of such laws. Instead of restricting protests, the government should engage in dialogue with opposition and citizen groups to address underlying issues that prompt public gatherings.
The Role of Dialogue in Democracy
As Pakistan navigates its political landscape, the importance of allowing space for dissent becomes increasingly evident. The government’s role should not be one of suppression but rather facilitation—encouraging a system where grievances can be aired constructively. Democracy thrives on dialogue, and while law and order are imperative, they should not come at the cost of fundamental rights.
Conclusion: The Path Forward
The debate surrounding the Senate’s recent approval of the bill regulating protests in Islamabad encapsulates a crucial aspect of democratic governance. As Pakistan moves forward, the balance between social order and civil liberties must be carefully navigated. Citizens must retain the ability to voice their concerns without fear of punitive action, reflecting the foundational ideals upon which this democratic nation was built.
This contentious issue calls for an ongoing dialogue among lawmakers, civil society, and the public to forge a path that honors democratic principles while ensuring the safety and order essential for a thriving society. The government’s actions in the coming weeks will be pivotal in determining Pakistan’s commitment to upholding the rights of its citizens in the face of potential unrest.
