September 11, 2026
By Hashir Ahsan
ISLAMABAD
The Islamabad High Court heard a petition against Pakistan Tehreek-e-Insaf’s (PTI) September 27 protest and long march.
Raising an objection to the court’s jurisdiction, the Advocate General of Khyber Pakhtunkhwa stated that the Islamabad High Court cannot issue directions to provincial officers. The court requested affidavits from the Chief Secretary and Inspector General (IG) of Khyber Pakhtunkhwa by Monday and adjourned the case hearing until then.
A three-member larger bench headed by Chief Justice Sarfraz Dogar heard the petition; the bench also included Justice Azam Khan and Justice Muhammad Asif. Advocate General Khyber Pakhtunkhwa Shah Faisal, while raising an objection to the Islamabad High Court’s jurisdiction during his arguments, adopted the stance that the court’s jurisdiction is limited to Islamabad and it cannot issue directions to officers in Punjab, Sindh, Balochistan, or Khyber Pakhtunkhwa, arguing that the issue of jurisdiction should be decided first.
The Advocate General also questioned the petitioner’s status as an aggrieved party, stating that the protest has not even taken place yet and a trend is developing of using suo moto powers through public interest petitions. During the hearing, heated exchanges occurred multiple times between the Advocate General and the petitioner’s lawyer, upon which the Chief Justice instructed the petitioner’s lawyer to remain silent and directed the Advocate General to continue his arguments.
Advocate General Khyber Pakhtunkhwa said that there is a sound issue here and he cannot hear properly, adding that if any mistake occurs, he should be forgiven. Chief Justice Sarfraz Dogar remarked that he does not forgive mistakes but will explain.
Advocate General Khyber Pakhtunkhwa said, “You are the king, you can do anything.” The Chief Justice said, “There is no need to say I am the king; we are here to decide according to the law.”
The court also asked questions regarding the Chief Minister of Khyber Pakhtunkhwa’s statement of September 5, summoned the Chief Secretary of Khyber Pakhtunkhwa to the rostrum, and verified the statement.
The Chief Justice asked, “Why do these protests always come towards Islamabad?”
The Chief Secretary said that this is a political activity.
The Chief Justice asked, “Is launching an assault on the federal capital a political activity?” Referencing Article 5, the court stated that the Chief Minister has taken an oath of loyalty to the state.
The Chief Justice questioned why protests always head towards Islamabad and whether an assault on the federal capital is considered a political activity, while the Chief Secretary characterized it as political activity. Advocate General Khyber Pakhtunkhwa, referencing statements by Punjab Chief Minister Maryam Nawaz and Rana Sanaullah, declared the case more political than legal, upon which Justice Azam Khan remarked that it seems the Advocate General is talking politically.
Advocate General Punjab Barrister Zafarullah, in his arguments, stated that he supports citizens’ freedom; however, citing the martyrdom of police personnel and the disruption of business in Punjab during past protests, he stated that the court is not a political forum. The Advocates General of Punjab, Sindh, and Balochistan also completed their arguments. The court directed the Chief Secretary and IG of Khyber Pakhtunkhwa to submit affidavits on Monday, stating that rejoinders can be submitted, while officers other than these two do not need to appear. The court adjourned the case hearing until Monday.
Case Background
An Islamabad businessman and owner of “Friends Heavy Machinery” Tarnol, Waqas Ahmed, through Advocates S. Mumtaz Hanafi Baqri and Syed Jaffer Advocate, has filed an important constitutional writ petition under Article 199 of the Constitution of Pakistan in the Islamabad High Court. In this petition, 15 respondents have been named, 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 submitted that he is a law-abiding citizen and businessman whose business relies on a peaceful and secure environment. The prayer made on his behalf is that the proposed long march towards Islamabad announced by Pakistan Tehreek-e-Insaf (PTI) for September 27, 2026, could paralyze civic, commercial, and public life in the federal capital. In view of this, immediate and advance constitutional intervention by the High Court has been requested to protect the fundamental rights of citizens and the business community.
According to the details of the petition, the immediate cause for this legal action is the public announcement by PTI leadership, particularly the Chief Minister of Khyber Pakhtunkhwa, in which he announced September 27, 2026, as the final date for the march toward Islamabad, expressing his resolve to personally lead it and instructing workers to prepare.
The petitioner states that this announcement is not merely a hypothetical scenario but has taken the shape of an organized political movement. Due to a march of such massive scale, there is a severe risk of national highways, inter-provincial transit, entry and exit points of Islamabad, and emergency corridors being blocked.
Islamabad is no ordinary city but the federal capital of the country where key constitutional, judicial, diplomatic, and government institutions are located; if its main arteries are closed, the impact falls on 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 employees’ salaries, rents, taxes, and other financial obligations continue normally, thereby affecting the right to free trade guaranteed under Article 18.
In the petition, it has been prayed before the High Court that, It be declared that no political party, leader, or provincial government has any legal right to occupy or block the roads, highways, interchanges, or emergency corridors of Islamabad.All respondents be directed to take appropriate and advance legal measures so that the proposed long march cannot enter the limits of Islamabad and all major routes and highways remain open.The Chief Secretary, IGP of Khyber Pakhtunkhwa government, and the Establishment Division be directed to ensure that no government funds, vehicles, police force, or government personnel are used for the facilitation or organization of this march. Officers on federal deputation and Khyber Pakhtunkhwa police should be prevented from being used as a party or a 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.