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Home Opinion & Editorial Opinion

Section 124A and human rights

Sheeraz Sattar by Sheeraz Sattar
September 24, 2022

As long as the government was in place, former Human Rights Minister Dr. Shireen Mazari had no such idea in her mind, but now when PTI government has gone, she suddenly reached the Islamabad High Court against Section 124A of the Constitution of Pakistan on human rights.

Section 124A clearly states that if any citizen by words or writing or by gestures or visible representation or in any other manner expresses hatred or contempt (for sedition against the State of Pakistan) or enthusiasm. or causes or attempts to cause nuisance, he or she may be punished by the Federal or Provincial Government with imprisonment for life and fine or with imprisonment for a term which may extend to 3 years with fine.

Apparently, this section of the constitution does not seem to be in conflict with basic human rights because inciting rebellion against the state or creating disgust, or expressing hatred cannot be called freedom of expression in any way and if the state of Pakistan wants to punish it, then it should be his authority, however, Dr. Shireen Mazari disagrees with it.

Yesterday, a hearing was held in the Islamabad High Court on Shireen Mazari’s petition against Section 124A of the Sedition Act under the Pakistan Penal Code. A bench of judges headed by Chief Justice Athar Minullah heard the case.

PTI leader Dr Shireen Mazari along with lawyer Abuzar Salman Niazi appeared in court for the hearing of the case. The lawyer said in his arguments that Section 124A of the Sedition Act is being used to suppress freedom of expression and is also in conflict with basic human rights.

During the hearing, the Chief Justice remarked that cases were registered under the charges of sedition in the PTI government as well. Th power of legislation lies with the Parliament. Shireen Mazari should go to Parliament and the court will not interfere with the legislation.

A day before this, Chairman PTI Imran Khan had to apologize in front of the same court in the case of contempt of court and threatening a female judge. Imran Khan said that if the court thinks that he has crossed the limits, then he is ready to apologize.

The court postponed the charge-sheeting process against Imran Khan, which shows that if Imran Khan had not apologized on that day, the charge-sheet might have been filed on the same day, which could have triggered a new political crisis in the country.

As far as Section 124A is concerned, we know that the current government has used it in sedition cases to arrest PTI leaders, to which PTI’s objection is right, but the court’s apology is also in place. If the constitution is to be amended, then the official forum is the parliament, not the court.

An interesting question can be asked here whether Shireen Mazari does not know that if the law needs to be amended, what is the correct forum for it? What was the need to take this matter to the Islamabad High Court? So the fact is that PTI does not want to knock on the door of Parliament.

The day on which former Prime Minister Imran Khan was impeached through a no-confidence motion, since that day, PTI has been refusing parliament and Pakistan Tehreek-e-Insaf leaders say that we do not believe in the imported government, nor in this The action of the National Assembly which was imposed by ‘foreign conspiracy’.

The political stance is in place, but the way PTI has given free hand to PDM parties including PML-N and PPP in the National Assembly, the basic human rights of the people are being badly affected. . It is better that Pakistan Tehreek-e-Insaf accepts the advice of the judiciary to approach the parliament so that the way out of the political crisis can be paved.

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