Sept 11, 2024
By Rehan Piracha
LAHORE
Lawyers, human rights activists, and journalists have raised concerns about the growing restrictions on freedom of association following the enactment of the Peaceful Assembly and Public Order Act 2024 in the federal capital. They also expressed alarm over the arrests of Pakistan Tehrik-i-Insaf (PTI) parliamentarians after the September 9 jalsa in Islamabad.
They said that the law regulating public gatherings was enacted hastily, undermining the authority of parliament as the primary lawmaking body of the country. While they regretted the arrest of PTI members from within the confines of parliament, they held that parliamentarians cannot be immune to or above the law.
Yasin Azad, a former president of the Supreme Court Bar Association, told Voicepk.net that the language used by Ali Amin Gandapur, Khyber Pakhtunkhwa Chief Minister, against his opponents, particularly the female chief minister of Punjab, during the PTI rally in Islamabad, was “unbecoming of a parliamentarian or even a common citizen.”
“Is it acceptable for a citizen to use offensive language in a public gathering to insult, incite harm, and demean women?” Azad asked. “The law does not allow for verbal abuse or the hurting of others’ sentiments.”
He added that citizens, particularly parliamentarians, “should exercise their right to free speech and freedom of association in a respectful manner and within limits of the law”.
He further said that legislation should not be rushed, as it was in the case of Peaceful Assembly and Public Order Act 2024. “There should be thorough debate in both houses of parliament, and the government should also gather public input on proposed laws from the broader public,” he said.
According to human rights activist Mohammad Tahseen, history shows that hasty legislation is detrimental to the welfare of the people.
In his view, the rights of association and expression come with the responsibility to respect the rights of other people. “This is something every citizen should keep in mind while exercising these rights. It is essential that we approach these rights with an understanding of the responsibilities they entails.”
Tahseen added that every citizen should ponder on the essential behaviour of civility and respect – “I might be demanding my right of freedom of association but at the same time expressing opinions that are derogatory or causing further distress in society”.
He maintained that the exercise of fundamental rights in a society demands a lot of sacrifices from citizens, “but sadly people in Pakistan have not done much in the way of sacrifices”.
Arshad Ansari, Secretary General of the Pakistan Federal Union of Journalists (PFUJ), said that the government should engage the PTI in talks than resort to crackdown. The opposition, he added, should refrain from violence which is bound to invite the writ of the law. “The government is becoming authoritarian about exercise of freedom of association and expression in the country. The world is criticising Pakistan over lack of freedom of expression and political rights.”
The PFUJ secretary general strongly opposed the enactment of the Peaceful Assembly and Public Order Act 2024 in the federal capital. “Now, anyone is liable to be sentenced for three years in Islamabad for being part of an unlawful assembly”.
Ansari said journalists could be jailed for protesting outside the parliament in demand of their rights – and that the PFUJ and journalists would continue to oppose the legislation.
SCBA condemns PTI MNAs’ arrests
Meanwhile, the Supreme Court Bar Association (SCBA) strongly condemned arrest of the PTI MNAs – Barrister Gohar Ali Khan, Muhammad Shoaib Shaheen and Sher Afzal Marwat – demanding their immediate and unconditional release.
“The SCBA has consistently raised its voice against the unwarranted arrests of lawyers under the guise of their participation in political activities,” the association said in a press statement.
The SCBA also termed the recently enacted Peaceful Protest and Public Order Act unconstitutional and a violation of the fundamental rights guaranteed under the constitution. “This legislation poses a serious threat to the freedom of assembly, speech, and expression, which are essential cornerstones of a democratic society,” the SCBA statement said.
It urged the government to act responsibly, uphold constitutional values, and refrain from actions that threaten the stability of the nation. The association stated that it would be forced to call for country-wide strikes if the government did not meet the demand of release of its members.