ISLAMABAD/RAWALPINDI: The Islamabad High Court (IHC) on Friday directed the Khyber Pakhtunkhwa chief secretary and inspector general of police (IGP) to submit affidavits in a petition challenging Pakistan Tehreek-e-Insaf's (PTI) planned September 27 march on Islamabad. A three-member bench, headed by Chief Justice Sarfraz Dogar and comprising Justice Azam Khan and Justice Muhammad Asif, heard the petition. During the hearing, the KP advocate general challenged the IHC's jurisdiction, arguing that its authority was confined to Islamabad and that it could not issue directions to officials in the provinces. He said separate high courts had been established for the provinces and Islamabad, adding that judicial precedent required a person to approach the court with jurisdiction over the relevant area.
The advocate general argued that allowing one high court to interfere in matters falling within the jurisdiction of other provinces would undermine the 18th Amendment. He asked the court to first determine whether it had jurisdiction to hear the petition before considering its maintainability. The chief justice directed the advocate general to continue with his arguments. The advocate general also questioned whether the petitioner was an aggrieved party, arguing that the alleged activity had not yet taken place. A brief exchange followed between the advocate general and the petitioner's counsel. The chief justice intervened and said the petitioner's counsel should be allowed to present his arguments.
The chief justice asked whether the KP advocate general represented the provincial government and whether he had consulted the chief minister. The advocate general said he represented the provincial government. The chief justice observed that KP Chief Minister Sohail Afridi had two roles: as chief minister and as a member of a political party. At the court's direction, the advocate general read relevant portions of the chief minister's oath and said Afridi had made no statement against the Constitution, law, or the integrity of the country. The chief justice referred to Article 5 of the Constitution and said the chief minister should be more loyal to the state.
The court also questioned why political protests were repeatedly directed towards Islamabad. The KP chief secretary described the activity as political, prompting the chief justice to ask whether an attack on the federal capital could also be described as political activity. Pakistan Tehreek-e-Insaf (PTI) has announced nationwide protests and a September 27 march on Islamabad to demand the release of its founder chairman Imran Khan. The court subsequently directed the KP chief secretary and IGP to submit affidavits and adjourned the hearing.