IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
 
 
PRESENT:  
Mr. Justice Umar Ata Bandial, HCJ 
Mr. Justice Ijaz ul Ahsan 
Mr. Justice Munib Akhtar 
Mr. Justice Yahya Afridi 
Mr. Justice Sayyed Mazahar Ali Akbar Naqvi 
 
CONSTITUTION PETITION NO.19 OF 2022 
(Under Article 184(3) of the Constitution of the Islamic 
Republic 
of 
Pakistan, 
1973 
for 
enforcement 
of 
fundamental rights contained in the Constitution for the 
protection of the citizen of Pakistan) 
 
& 
 
CIVIL MISC. APPLICATION NO. 3447 OF 2022  
    (Application filed by Attorney General for Pakistan)  
 
 
Islamabad High Court Bar Association 
through its President Muhammad 
Shoaib Shaheen, Islamabad   
 
 
 
… 
 
 
Petitioner(s)  
Versus 
 
Federation of Pakistan through 
Secretary Ministry of Interior, Islamabad 
and others   
 
 
… 
 
 
Respondent(s) 
 
 
 
 
For the Petitioner    
: 
Mr. M. Shoaib Shaheen, ASC 
a/w Ch. Ishtiaq Ahmed Khan, ASC 
Mr. Niaz ullah Khan Niazi, ASC 
Syed Rifaqat Hussain Shah, AOR 
 
 
 
On Court’s call   
: 
Mr. Ashtar Ausaf Ali, A.G.P.  
Ch. Aamir Rehman, Addl. A.G.P. 
Assisted by: 
Mr. Munawar Iqbal Duggal, ASC 
Barrister M. Usama Rauf, Adv. 
 
Mr. Jehangir Jadoon, A.G, ICT  
 
Barrister Qasim Ali Chohan,  
Addl. A.G., Punjab 
Const. P.19/2022 
 
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Mr. Ayaz Khan Swati,  
Addl. A.G., Balochistan  
 
 
Mr. Salman Talib-ud-Din,  
A.G., Sindh 
(V.L Karachi) 
Mr. Fauzi Zafar, Addl. A.G., Sindh 
 
 
Mr. Shumail Butt, A.G., KP. 
Mr. Atif Ali Khan, Addl. A.G., KP. 
(V.L Peshawar) 
 
Mr. Yousaf Naseem Khokhar,  
 
 
 
For PTI   
: 
Dr. Babar Awan, Sr. ASC 
Mr. Fasil Fareed, ASC 
a/w Mr. M. Ali Bokhari, ASC 
 
 
 
Date of Hearing 
: 
26.05.2022 
 
 
 
 
 
O R D E R 
UMAR ATA BANDIAL, CJ. In a petition filed by the 
Islamabad High Court Bar Association under Article 184(3) of 
the Constitution of Islamic Republic of Pakistan, 1973 
(“Constitution”), it was complained that in anticipation of a 
protest march into Islamabad by the workers of a political 
party on 25.05.2022, the Federal Government had blocked 
highways to and roads within the Capital to prevent entry and 
movement of the protestors. As a result the general public 
was prevented from conducting their daily lives contrary to 
the guarantees under Article 9 and Article 15 of the 
Constitution. As explained later, after being conveyed the 
assurances by the top party leadership that a peaceful 
 
Const. P.19/2022 
 
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assembly will take place at a specific venue in Islamabad, a 
learned three Member Bench directed all concerned Executive 
authorities to prepare the venue including providing security 
for the holding of the rally. Likewise, all protesting political 
workers were directed to disengage and remain peaceful. 
These directions were issued by the order of the learned 
Bench passed at about 6:00 pm on 25.05.2022.  
2. 
 
Later, an application being CMA No. 3447 of 2022 
was filed at about 10:30 pm on 25.05.2022 by the learned 
Attorney General for Pakistan (“AGP”). It alleged that the 
Pakistan Tehreek-e-Insaf (“PTI”) leadership, in particular its 
Chairman Mr. Imran Khan, had contrary to his assurances 
given to the Court directed his party members and supporters 
to march into Islamabad and reach D-Chowk located in the 
sensitive Red Zone area of the Capital. He has read from the 
order of this Court passed on 25.05.2022. The Court had 
directed Dr.Babar Awan, Sr. ASC and Mr. Faisal Fareed, ASC 
appearing for the PTI leadership to seek assurance from their 
client that PTI workers/supporters would remain peaceful 
and follow the guidelines issued by the Court from time to 
time. That they will neither obstruct road traffic or cause 
damage to private/public property nor take the law into their 
own hands. In this respect the two learned counsel on 
instructions from the top leadership of PTI gave a categorical 
Const. P.19/2022 
 
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assurance that the party rally would neither block the 
Sirinagar Highway nor otherwise cause inconvenience to the 
public and citizens at large and that their rallies shall be 
conducted in a peaceful and lawful manner without causing 
any damage to public or private property.  
3. 
 
In view of these commitments, the Court by its 
aforesaid order passed on 25.05.2022 directed the Chief 
Commissioner, Islamabad Capital Territory (“ICT”) to provide 
the ground located in the area between Sectors H-9/G-9 of 
Islamabad for the political rally; and also directed the 
Inspector General of Police (“IGP”), ICT to forthwith take 
measures including making security arrangements to prepare 
the venue for holding the PTI rally. Furthermore, the Court 
directed that the lawyers and other persons reportedly placed 
under arrest in raids conducted without any complaint or FIR 
being recorded against them shall be released from custody 
forthwith. The AGP undertook that houses, offices and private 
premises shall neither be raided in an attempt to arrest nor 
shall political workers or supporters of PTI or any other 
political party be arrested unless an FIR was lodged against 
them or the commission of any heinous or cognizable offence 
by them was suspected. Accordingly, a direction in the said 
terms was issued by the Court. Finally, the Court recorded its 
expectation that the top leadership of all concerned political 
Const. P.19/2022 
 
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parties shall direct their workers and supporters to remain 
calm, disengage and not to create law and order situation 
under any circumstances. Equally, it was noted that the top 
functionaries of the Government including the Interior 
Ministry shall ensure that excessive or disproportionate use 
of force against the political workers is discontinued 
immediately.  
4. 
 
In the foregoing background the AGP argued that 
having agreed to hold the PTI rally at the ground in the H-9/ 
G-9 area of Islamabad as recorded by the order of the Court, 
Mr. Imran Khan shortly thereafter instructed PTI supporters 
to reach D-Chowk in the Red Zone of Islamabad. To establish 
this retraction a video recording of Mr. Imran Khan’s 
statement made after the passing of the above said order was 
played on the multimedia screen before the Court. He 
contended that in the above circumstances, Mr. Imran Khan 
appears to have invited his supporters to dishonor the 
assurance given on his behalf to the Court. As a result, 
private and public properties were damaged and destroyed. 
Some trees in the greenbelt of Blue Area of Islamabad were 
put on fire. 31 Police Officers were injured by the stones 
pelted by the crowd and Article 245 of the Constitution had to 
be invoked in the middle of the night by calling the armed 
forces in aid of civil power. The learned AGP accordingly 
Const. P.19/2022 
 
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requested the Court to take action against Mr. Imran Khan 
for breach of his assurances given to the Court.  
5. 
 
Finally, the AGP informed that Mr. Imran Khan 
had issued a statement this morning at a location on Jinnah 
Avenue (leading to D-Chowk) that after witnessing the teargas 
shelling by the law enforcement agencies he will not proceed 
with the sit-in at D-Chowk. He gave six days’ time to the 
Government to dissolve the assemblies and announce a date 
for elections.  
6. 
 
The Court views the foregoing events with concern. 
It is apparent that the assurances conveyed to the Court by 
the learned counsel for the top leadership of the PTI may have 
been dishonored by the workers/supporters/sympathizers of 
the party by proceeding to the D-Chowk in the Red Zone area 
and by allegedly committing acts of arson and destruction of 
public and private properties on the way. However, we note 
that in the early morning today Mr. Imran Khan reached 
Jinnah Avenue leading to D-Chowk and announced the 
postponement of his sit-in at Islamabad for six days. As a 
result, further damage to property or injury to human life has 
been averted.  
7. 
 
Nevertheless, there remains the lurking question 
whether the responsibility for the events of yesterday evening 
comprising reckless acts of mob anger can be blamed upon 
Const. P.19/2022 
 
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the senior leadership of the PTI. So far there is no evidence or 
allegation that such acts were committed on the instigation of 
any party or happened randomly. At its most elementary level 
the PTI leader appears to have assured the holding of a 
political rally at the G-9/H-9 ground and therefore not to 
assemble and sit in another venue including at D-Chowk in 
G-5 Islamabad. However, the AGP claims that the PTI workers 
and supporters moved forward to the D-Chowk area in 
response to the call made by their leader. Notwithstanding 
the said request by the AGP, we exercise restraint for the time 
being for a number of reasons. Firstly, Mr. Imran Khan has 
called off the rally/public meeting. That gives a recess to the 
charged mob witnessed last night. Secondly, prudence 
advises that time be given for sanity to prevail among the 
stakeholders. In any event, facts and materials need to be 
collected to establish the sequence of events, the identity of 
the perpetrators and of the instigators, if any. At this stage 
therefore it is directed that the IGP ICT, the Chief 
Commissioner ICT, the Secretary Ministry of Interior, the 
Director General Intelligence Bureau, the Director General ISI 
shall file reports answering, inter alia, the following questions: 
 
a) 
At what time did Mr. Imran Khan make the 
announcement for party workers to reach D-
Chowk? 
 
b) 
When, where and how did the crowd cross the 
barricade to enter a hitherto closed area? 
Const. P.19/2022 
 
-:8:-
 
c) 
Was the crowd entering the Red Zone organized or 
supervised or did it move randomly? 
 
d) 
Were there any acts of provocation or breach of 
assurance by the Government? 
 
e) 
Was any action or treatment meted out by the ICT 
police against the protesters disproportionate to 
the actual or perceived wrong committed by the 
protesters?  
 
f) 
How many protesters managed to enter the Red 
Zone? Which security arrangements, if any, were 
relaxed by the Executive authorities? Whether any 
security barrier cordons were broken or breached 
by protestors? Did any protestor/party worker 
reach the G-9/ H-9 ground? 
   
g) 
How 
many 
civilians 
were 
injured/killed/ 
hospitalized/arrested?  
 
The said reports shall be filed within one week for perusal in 
chambers by the learned members of this larger Bench.  
8. 
 
There is need for verification of, inter alia,  factual 
aspects of the events that occurred in order for the Court to 
evaluate 
and 
decide 
whether 
action 
for 
violation 
of 
assurances/undertaking given to the Court and recorded in 
our order dated 25.05.2022 ought to be initiated and against 
whom. It may be observed that the disregard of assurances/ 
undertakings 
given 
to 
the 
Court 
involves 
separate 
proceedings from the present one. Therefore, the prayer made 
by the learned AGP in these proceedings is misconceived. 
Accordingly, CMA No.3447 of 2022 is dismissed. For 
independent proceedings to be maintained, relevant and 
credible material must be presented to the Court for it to 
Const. P.19/2022 
 
-:9:-
assess whether there are valid grounds to justify appropriate 
action against the offending persons, if any.  
9. 
 
Be that as it may, our order dated 25.05.2022  
issues directions to the Government authorities to protect the 
constitutional rights of the people of Pakistan as guaranteed 
in Article 15, which secures the right of free movement, and 
Article 16, which protects their right of freedom of assembly. 
These constitutional provisions are to be read in conjunction 
with the most crucial right guaranteed by the Constitution, 
namely, the right to life. The violation of the right to life of 
citizens under Article 9 of the Constitution caused by the 
arrest of hundreds of political workers across the country 
without recording FIRs or serving detention orders were 
accordingly quashed by our aforesaid order as a protective 
measure under the Constitution. However, it must be 
understood that each of the foregoing fundamental right is 
subject to corresponding qualifications. The provisions of 
Articles 9, 15 and 16 of the Constitution may be read to 
appreciate the point. The right to life and liberty is interpreted 
widely and the same cannot be interfered except as 
authorized by law. Likewise, the freedom of movement can be 
subjected to reasonable restrictions imposed by law in the 
public interest. The freedom of assembly may be regulated by 
similar restrictions applied in the interest of public order. The 
Const. P.19/2022 
 
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foregoing limitations on the rights granted by the Constitution 
empower 
the 
State 
to 
take 
only 
such 
reasonable, 
proportionate and lawful action that is necessary in aid of 
public interest and public order so that public place, public 
life and property are not disturbed, disrupted or destroyed.  
10. 
 
By acting upon assurances given on behalf of the 
top leadership of PTI and issuing directions to the 
Government, our order dated 25.05.2022 created a balance 
between the mutual rights and obligations of the protesting 
people, the ordinary public and the duties of the State. This 
balance was recorded in good faith by the Court whilst 
trusting the representations made on behalf of the two 
opposing parties before it. We are disappointed to note that 
the bona fide effort made by the Court was disrespected. 
Although it was meant to create harmony between the two 
opposing sides for the sake of protecting public interest and 
the constitutional rights of the people, such order was passed 
by trusting the representations made and assurances given to 
the Court. The judicial trust reposed by the Court on the 
parties before it confers moral legitimacy and authority upon 
their actions. The resulting high moral ground lends 
credibility to the entitlement and to the propriety of actions 
taken by such parties. In the present case, to say the least, 
the moral high ground held by the parties has diminished 
Const. P.19/2022 
 
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because public rights, interests, and property of the 
disinterested public have been breached and damaged badly. 
We expect that the high functionaries of the Executive 
throughout the country and the top leadership of the PTI and 
other political parties shall abide and settle a fair code of 
securing free, fair, and peaceful political activity in the 
country leading to the holding of the national election. It may 
be reiterated that whilst right of peaceful protest is a 
constitutional right it must be exercised subject to permission 
by the State. Such permission must be granted unless there 
are reasonable restriction imposed on valid grounds in terms 
of Articles 15 and 16 of the Constitution. In other words, the 
right of protest cannot be denied without lawful, reasonable 
and proportionate grounds nor can such Executive authority 
hamper public life or injure public or private property. [Ref: 
Suo Motu Case No.7 of 2017 (PLD 2019 SC 318)]. Any 
violation of the balance envisaged in this behalf by the 
Constitution and the law is cognizable by the competent 
Courts for enforcement.  
11. 
 
In the present case, the PTI leadership and 
supporters have presently withdrawn from indulging in any 
political protest and rallies in Islamabad and the roads and 
pathways are open allowing for free movement of the public 
within and to the city. We accordingly consider that the 
Const. P.19/2022 
 
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purpose of this petition filed by the Islamabad High Court Bar 
Association has been served and the same has borne fruit. It 
has therefore become infructuous. Accordingly, we dispose of 
the same as having become infructuous.  
             
 
  
          Sd/-   
  Chief Justice  
          Sd/- 
Judge 
 Sd/- 
Judge 
   I have appended my separate note. 
  
 Sd/- 
Judge 
 
 Sd/- 
Judge 
Islamabad  
26.05.2022 
Irshad Hussain /* 
 
 
NOT APPROVED FOR REPORTING  
Const. P.19/2022 
 
-:13:-
 
Yahya Afridi, J.- I have had the privilege of reading 
the order authored by his lordship, the Hon’ble Chief Justice of 
Pakistan, and agree with the conclusion that the Constitution 
Petition No.19 of 2022 filed by the Islamabad High Court Bar 
Association has become infructuous. I also agree with the order 
dismissing the Civil Miscellaneous Application No. 3447/2022 filed 
by 
the 
learned 
Attorney-General 
for 
Pakistan 
as 
being 
misconceived.  
2. 
 
Respectfully, I would like to add some observations on 
the maintainability of the very prayer made by the learned 
Attorney-General for Pakistan in his miscellaneous application. 
The learned Attorney-General for Pakistan has, in the application, 
after alleging violation of the court-order dated 25.05.2022 by the 
PTI leadership, made the following prayer:  
[T]his Court may pass prohibitory and regulatory orders so as to 
allow the law enforcement agencies to take action against the 
miscreants including but not limited to causing arrest of the 
miscreants. 
Indeed, it is a surprising prayer. The learned Attorney-General for 
Pakistan, who is the principal law officer of the Federal 
Government, has asked this Court to pass “prohibitory and 
regulatory orders” to maintain the law and order situation in 
Pakistan. The prayer made is against the very principle of 
trichotomy of powers enshrined in our Constitution, which has 
assigned separate roles to the three organs of the State: the 
legislature, the executive and the judicature. To maintain law and 
order in the country is the domain and mandate of the executive. 
Thus, the very prayer is contrary to the constitutional mandate 
and is, therefore, not legally entertainable. 
3. 
 
However, with profound respect, I disagree that there 
is no credible material before this Court for initiating independent 
contempt proceedings against Mr. Imran Khan, who allegedly 
Const. P.19/2022 
 
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disobeyed1 the court-order dated 25.05.2022. The video-recording 
of Mr. Imran Khan’s statement was played on multimedia screen in 
open court during the court proceedings. The said statement is 
reproduced hereunder: 
 ﯽﮭﺑ ﺮھﺪﺟ ےرﺎﺳ ۔ ﮟﯿﮨ ﮯﮨر ﮭﮑﯾد ہﯾ ﯽﻧﺎﺘﺴﮐﺎﭘ
 ﮯﮨ ﺎﯾد ﺮﮐ ہﻠﺼﯿﻓ ﮯﻧ ٹرﻮﮐ ﻢﯾﺮﭙﺳ ہﮐ ﮯﮨ ہﯾ یﺮﺒﺨﺷﻮﺧ
ﯽﺴﮐ با ہﮐ  ﯽﮔ ﻮﮨ ﮟﯿﮩﻧ ٹوﺎﮐر ﯽﮐ ﻢﺴﻗﺋﻮﮐﯽ  ﮍﮑھد ﮍﮑﭘ
 ہﮩﮐ جٓا ﻮﮐ ںﻮﯿﻧﺎﺘﺴﮐﺎﭘ ےرﺎﺳ ﮟﯿﻣﮯﯿﻟ سا ﯽﮔ ﻮﮨ ﮟﯿﮩﻧ
 ۔ﮟﯿﻠﮑﻧ ﯽﮭﺑ ﮟﯿﻣ ںوﺮﮩﺷ ﮯﻨﭘا مﺎﺷ جٓا ہﮐ ںﻮﮨ ﺎﮨر
رواﮟﯿﻣ یﮉﻨﭘ روا دﺎﺑٓا مﻼﺳا  یڈ ﮟﯾﺮﮐ ﺶﺷﻮﮐ حﺮﻃ یرﻮﭘ
ﭼ ﷲ ءﺎﺸﻧا ﮟﯿﻣ ہﮑﻧﻮﯿﮐ ۔ﻮﮐ مﺎﺷ جٓا ﯽﮐ ﮯﻨﭽﻨﮩﭘ کﻮ
 ۔ﺎﮔ ںؤﺎﺟ ﭻﻨﮩﭘ ںﺎﮨو ﮏﺗ ھﮍﯾڈ ﮯﭩﻨﮭﮔ 
 
The above statement of Mr. Imran Khan, coupled with his conduct 
that followed thereafter in proceeding beyond the venue decided in 
the order dated 25.05.2022 for the political gathering, is in my 
opinion, sufficient to prima facie show that Mr. Imran Khan 
disobeyed the order of this Court dated 25.05.2022.  
4. 
 
With profound respect, instead of calling for reports 
from the named officials of the State Agencies/Departments, as 
directed by my learned brother, I am of the opinion that there is 
sufficient material before this Court to proceed against Mr. Imran 
Khan for the alleged disobeyance of the court order dated 
25.05.2022 passed in Constitution Petition No.19, which warrants 
the issuance of notice by this Court to Mr. Imran Khan to explain 
why contempt proceedings should not be initiated against him. I 
order accordingly.  
 
 Sd/- 
Judge 
  
                                       
1 Article 204 (2) (a) of the Constitution of the Islamic Republic of Pakistan, 1973. 
