The Peshawar High Court (PHC) on Thursday issued notices to the federal and provincial governments, as well as the Election Commission of Pakistan (ECP), seeking their response to a petition requesting a ban on any “anti-federation and anti-state” march towards Islamabad or other provinces.
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The petition, filed by Peshawar resident Momin Tariq, seeks multiple directives, including restraining protesters from blocking public or private places, vehicles, roads, motorways, or urban areas during demonstrations. It also requests the court to instruct organisers not to hire protesters or propagate “anti-state” narratives via public or social disturbances.
Additionally, the petitioner urged the court to direct the federal government to issue an ordinance or enact legislation prohibiting “anti-state” marches across provincial boundaries or toward the federal capital. Interim relief was also sought to prevent protesters, with or without provincial consent, from violating constitutional provisions during such demonstrations.
A two-judge bench, comprising Justice Mohammad Naeem Anwar and Justice Kamran Hayat Miankhel, heard the petition. Advocate Mohammad Hamdan, representing the petitioner, argued that past protests had repeatedly violated laws and the Constitution, with provincial resources allegedly misused to challenge the stability of the federation.
He further claimed that protesters had disrupted the fundamental rights of citizens, particularly the right to free movement, by blocking highways such as the Grand Trunk Road and motorways. Hamdan argued that certain political groups relied on provincial, racial, tribal, or sectarian prejudices to destabilise harmony between provinces and the federal government.
The petition identifies respondents including the federal government through the Attorney General, National Assembly and Senate secretaries, the federal interior secretary, KP government through the Advocate General and Chief Secretary, and the ECP through its secretary.
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The PHC is expected to review responses from the federal and provincial authorities as well as the ECP before deciding on the legal and constitutional merits of the plea.