IHC Chief Justice Criticises KP Advocate General Over PTI Protest

Key Takeaways

Chief Justice Sardar Muhammad Sarfraz Dogar criticised Khyber Pakhtunkhwa Advocate General Shah Faisal Utmankhel.
The PTI has called for a nationwide protest on September 27 to support Imran Khan and the Constitution.
The IHC is set to hear a petition challenging the planned protest, which could disrupt routine activities.

Chief Justice of the Islamabad High Court (IHC) Sardar Muhammad Sarfraz Dogar has criticised Khyber Pakhtunkhwa Advocate General Shah Faisal Utmankhel for justifying the PTI’s planned nationwide protest on September 27. The protest is aimed at demanding the release of PTI founder Imran Khan and to support the supremacy of the Constitution.

Waqas Ahmed, a citizen, had challenged the planned protest in the IHC, arguing that it could disrupt routine life, traffic, and business activities in the federal capital. In response, the IHC decided to form a larger bench to hear the petition, considering the sensitive nature of the matter.

During the hearing on Thursday, Utmankhel attempted to justify the PTI’s protest by stating that it was also in support of the judiciary. However, the chief justice responded sarcastically, asking, 'Is the judiciary so weak that you wish to strengthen it?'

The chief justice emphasised that the judiciary was not in need of political party support, stating, 'The judiciary is not so weak as to require the support of a political party.'

Attorney General for Pakistan Mansoor Usman Awan intervened, asserting that government machinery could not be used for political protests. He added that no government officer should comply with an order contrary to the Constitution and the law.

However, Awan acknowledged that it might be difficult for an officer to refuse an order issued by the chief executive of a province, referring to KP Chief Minister Sohail Afridi, who belongs to the PTI. He stated, 'If this court issues an order, it will be binding on anyone holding an executive position.'

The chief justice further questioned whether the KP chief secretary and inspector general of police (IGP) were bound by an IHC order issued in 2024. AGP Awan confirmed that they were bound to implement the order. He also noted that state resources could not be used for political activities, even if a protest was peaceful.

The bench then summoned the KP AG to the rostrum and asked him to explain the provincial government’s position. Utmankhel said he had received the notice only a day earlier and was not aware of the contents of the petition. He also objected to the petition’s maintainability, arguing that the matter was premature.

CJ Dogar, however, asked him to respond after hearing AGP Awan’s submissions. The hearing is expected to continue, with the IHC set to make a final decision on the petition.