September 7, 2027
By Hashir Ahsan
ISLAMABAD
The Islamabad High Court (IHC) has decided to constitute a larger bench on a petition filed against the September 27 protest and long march of the Pakistan Tehreek-e-Insaaf (PTI). Issuing notices to the Inspectors General and Advocates General of all four provinces, the court has summoned them in their personal capacities.
Chief Justice Sarfraz Dogar heard the petition filed by citizen Waqas Ahmed. During the hearing, the petitioner’s counsel stated that he is a trader doing business in Islamabad, and recently the Chief Minister of Khyber Pukhtunkhwa (KP) announced a protest.
The Chief Justice inquired how he was affected. The counsel explained that they are affected because the plan is to bring this protest to Islamabad. Presenting news clippings of statements by the Chief Minister of KP to the court, the petitioner’s counsel stated that all their matters are already pending in courts, and the courts must deal with all these cases according to the law. If their stance is accepted, then people across Pakistan whose cases are pending should take to the streets in protest.
“Just as the GHQ was attacked, is there now a plan to attack Adiala Jail?” the counsel questioned. “If things proceed this way, how will the system of the country run? The protest is completely illegal. Two years ago, they attempted to enter Islamabad, and three Rangers personnel were martyred due to their protest. If they claim to be unarmed, how did the deaths of the Rangers occur?”
The petitioner’s counsel added that according to a newspaper report, a loss of 240 million rupees was incurred during the previous PTI protest.
“Why is such an allegation raised against this political party alone? They want to exert pressure to gain relief. I also submitted a petition on behalf of prisoners, but I was not granted relief like theirs,” he said.
When the court inquired whether these people are being accompanied by government machinery alongside the Chief Minister, the counsel replied with a positive. “They are indeed coming with government machinery,” he said.
A letter dated November 21, 2024, from the Ministry of Interior was presented before the court. The counsel stated that despite the Ministry of Interior’s letter, they used government machinery in 2024. To date, no application has been submitted to the Islamabad District Magistrate. The individual for whose cause they are coming is a convicted prisoner. Two cases are pending before this court. The orders of the 100 million pounds case were also read out in court.
The counsel stated that they were repeatedly asked to argue on the appeal, but they are not arguing on the appeal, and this is their state regarding the legal matter here. The oath of the Chief Minister was read out before the court by the counsel. The counsel remarked whether this does not amount to intimidating the courts, and requested that guidelines be provided. The Chief Justice likened the matter to a constitutional crisis and issued the order to constitute a larger bench of the Islamabad High Court.
Keeping in view the sensitivity of the matter, the court issued a notice to the Attorney General, issued notices to the IGs and Advocates General of all four provinces, summoned them in their personal capacities, and adjourned further hearing of the case until September 10.
Petition filed in High Court
The petition was filed by Waqas Ahmed, who is a businessman from Islamabad and owner of “Friends Heavy Machinery” in Tarnol. The constitutional writ petition was filed under Article 199 of the Constitution of Pakistan through Advocates S. Mumtaz Hanafi Baqri and Syed Jafar. In this petition, 15 respondents have been nominated, including the Federation of Pakistan (through the Secretary, Ministry of Interior), Chief Commissioner Islamabad, District Magistrate, IG Islamabad Police, Secretary Communications, IG Motorway Police, Chief Secretaries and IGs of all provinces (Khyber Pakhtunkhwa, Punjab, Sindh, Balochistan), as well as the Secretary Establishment Division.
The petitioner has taken the stance that he is a law-abiding citizen and trader whose business relies on a peaceful and secure environment. He has prayed that the proposed long march announced by PTI on September 27, 2026, towards Islamabad could paralyze civic, commercial, and public life in the federal capital. In view of this, immediate and advance constitutional intervention from the High Court has been requested to protect the fundamental rights of citizens and the business community.
According to the petition, the immediate cause for this legal action is the public announcement by the PTI leadership, particularly the Chief Minister of KP, in which he announced September 27, 2026, as the final date for the march towards Islamabad, expressing his resolve to lead it himself and instructing workers to prepare. The petitioner states that this announcement is not merely hypothetical but has taken the form of an organized political movement.
A procession of such magnitude carries a severe risk of blocking national highways, inter-provincial traffic, entry and exit points of Islamabad, and emergency corridors. Islamabad is not an ordinary city but the federal capital of the country where the most critical constitutional, judicial, diplomatic, and governmental institutions are located; if its primary arterial roads are blocked, the impact falls upon citizens, patients, students, government employees, and traders across the entire country. The business community suffers severe financial losses due to business closures, road blockades, and sit-ins, while employee salaries, rents, taxes, and other financial obligations remain ongoing as usual, thereby affecting the right to free trade guaranteed under Article 18.
The petition places special reference on a key judgment of the Supreme Court of Pakistan (PLD 2019 SC 318 – Faizabad Dharna Case), in which the apex court held that roads are meant for vehicles and footpaths for pedestrians. In the Faizabad Dharna case, it was clarified that when roads and markets are closed and people cannot go to their places of employment, Article 18 (Freedom of Trade) is affected, and when properties are damaged, Article 23 (Right to Property) is impacted. The Supreme Court had directed the state to formulate a standard mechanism to ensure the protection and unhindered movement of citizens.
The petition also details past events, such as the 2014 sit-in by PTI and PAT, the protest incidents of 2022 and 2024, and the violence of May 2023.
Citing police reports, it was pointed out that six individuals lost their lives during the three-day protest in November 2024, including police and Rangers personnel. Over 1.11 billion rupees from the public exchequer were spent on maintaining law and order in November 2024, and damage exceeding 152.744 million rupees was caused to public and private properties. Similarly, financial losses of approximately 250 million rupees occurred during the May 2023 riots, vehicles and police stations were burned, and dozens of personnel were injured. According to the petitioner, these documentary facts from the past prove that these fears are not merely hypothetical but based on reality.
Covering the “Peaceful Assembly and Public Order Act 2024” in detail, the petition states that it is legally mandatory to obtain prior permission from the District Magistrate for any political, religious, or public gathering, sit-in, or procession of more than 15 people in Islamabad. The magistrate is empowered to grant permission only after considering the law and order situation and security clearance, and if there is apprehension of violence or severe disruption to daily life, a ban can also be imposed on the gathering. The petitioner emphasized that no political party or Chief Minister’s leadership can be allowed to bypass these legal rules and regulations.
Although Articles 16, 17, and 19 of the Constitution guarantee freedom of peaceful assembly, political affiliation, and expression respectively, these freedoms are subject to reasonable restrictions under the law in the interest of the public and law and order. No political party can occupy highways indefinitely and usurp the fundamental rights of other citizens. The Supreme Court also held in the Islamabad High Court Bar Association case (PLD 2022 SC 511) that Articles 9 (Protection of Life), 15 (Freedom of Movement), and 16 of the Constitution must be read together to maintain a balance between political protests and the rights of ordinary citizens.
Another highly sensitive and important constitutional aspect of this petition is the use of provincial government resources for political purposes. The petition states that the Chief Minister of Khyber Pakhtunkhwa’s political position and his constitutional and administrative office are two distinct matters. Utilizing provincial government machinery, vehicles, official funds, personnel, and police force for a party’s long march or sit-in is completely unconstitutional. Under Rules 3, 4, 8, and 11 of the Rules of Business 1973, the federal government, particularly the Establishment Division, holds administrative authority over senior civil servants and officers of the Pakistan Administrative Service.
Similarly, under Article 11 of the Police Order 2002, the Federation plays a legal role in the posting of the provincial IG. Therefore, the Chief Secretary and IG of Khyber Pakhtunkhwa should be bound to ensure that provincial resources are not utilized for this march. Furthermore, citing PTI’s movements in other provinces, such as the rallies in Sindh districts (Thatta, Jamshoro, Hyderabad) in March 2024 and the Karachi to Daharki train march in May 2025, the petition argues that this is an inter-provincial law and order issue requiring prior coordination between the Federation and all provinces.
Presenting constitutional grounds, the petition contends that the illegal closure of roads severely violates Articles 4, 9, 14, 15, 18, 23, 24, and 25 of the Constitution. It is the responsibility of the government and administration to take preventive measures rather than waiting for an incident to occur and citizens to suffer losses. The requirement of equality before the law (Article 25) demands that no discriminatory treatment be meted out in the enforcement of law based on political influence or official position.
It was prayed to the High Court that it be declared that no political party, leader, or provincial government holds any legal right to occupy or block the roads, highways, interchanges, or emergency corridors of Islamabad. All respondents (1 to 15) be ordered to take necessary and appropriate preventive measures so that the proposed long march cannot enter the limits of Islamabad and all main routes and highways remain open.
The Chief Secretary, IGP, and Establishment Division of the Khyber Pakhtunkhwa government (Respondents 7 to 9) be directed not to allow any government funds, vehicles, police force, or public servants to be used for the facilitation or organization of this march. Officers on federal posting and the KP Police be restrained from being used as a party or political squad. Pending the final decision of the case, an interim injunction be issued restraining Pakistan Tehreek-e-Insaf, its office-bearers, and workers from entering Islamabad and blocking roads in connection with the proposed long march of September 27, 2026.