Zardari challenges PPP workers’ arrest in Supreme Court of Pakistan
By Attaul Mohsin Syed - Pakistan Times Staff Correspondent

ISLAMABAD: PPP leader Asif Ali Zardari on Monday filed a constitutional petition in the Supreme Court, challenging the arrest of PPP workers.

He sought quashment of cases registered against the party workers on his arrival in Lahore on April 16.

He prayed the court to declare cases against the PPP workers in violation of the Constitution and order immediate release of all the workers.

The Federation through the Ministry of Interior, the prime minister, the government of Punjab and Punjab Chief Minister Chaudhry Pervaiz Elahi have been made respondents in the petition filed under Article 184 (3) of the Constitution through advocate Farooq H Naek.

The petitioner prayed to the apex court to declare the registration of cases against the PPP workers under Anti-Terrorism Act and the MPO as illegal and direct the respondents to refrain from issuing orders aimed at curbing political activities.

The Petition

The petition maintains that the party workers from all the provinces and Azad Kashmir tried to peacefully assemble at the Lahore airport on April 16 to welcome Zardari and the government was informed that a large number of people were likely to gather at the Lahore international airport.

The petitioner, however, regretted that respondents had taken the policy decision to use state apparatus to the hilt to stop it as it apprehended that the welcome would be perceived as a show of popular support for the PPP and its Chairperson Benazir Bhutto, who had also indicated her intention to terminate her exile and return to Pakistan in the near future.

The respondents thus decided to prevent the reception of the petitioner with a malicious intent and extensive arrangements were made in advance to block all routes for the PPP workers to reach Lahore, the petitioner contended.

The borders of the Punjab with other provinces and the AJK were sealed and trains reaching Lahore from all the provinces including the Punjab were cancelled and flights diverted. Lahore city was virtually barricaded for days in advance by the paramilitary forces even while the government had no lawful authority to do so, the petitioner maintained.

However, prior to arrival of the petitioner on April 16, the respondents proceeded to seal off of the borders, public transport was commandeered, massive infringement of the fundamental right of citizens as laid down in articles 14, 15, 16 and 17 of the Constitution took place. However, thousands from all over the country succeeded in arriving in Lahore, which intensified the panic reaction of the respondents, who ordered wholesale arrests, the petitioner said.

Thousands of PPP workers arriving in Lahore were taken into police custody and even women were beaten up, the petition said. The petitioner stated none of the arrested persons violated Section 144 CrPC and the FIRs against them were mala fide, illegal and unconstitutional and liable to be struck down.

He said the respondents broke the law and violated the constitutionally guaranteed fundamental rights of movement and peaceful assembly. When the court granted bails to those arrested and the government learnt of it, the respondents unlawfully inserted Section 7 of Anti-Terrorism Act, which was not at all applicable. As a result, even a person who was bailed could not be released because of non-furnishing of bail bonds, the petitioner added.●