Public Highways, Public Rights: Why Governance Must Rise Above Politics |
The recent five-page detailed order of the Division Bench Peshawar High Court directing the reopening of blocked highways is not merely a routine judicial intervention; it is a constitutional reminder of the delicate balance between political protest and public rights. The Court’s reasoning underscores that while dissent is protected in a democracy, paralysis of public life and obstruction of national connectivity cannot be justified under the banner of political expression.
The Constitution of Pakistan guarantees the right to peaceful assembly under Article 16, subject to reasonable restrictions in the interest of public order. Article 15 ensures freedom of movement throughout Pakistan, and Article 9 protects the right to life and liberty — rights which the superior courts have consistently interpreted in expansive terms to include access to healthcare, livelihood, and safe mobility. When major roads and motorways are blocked for prolonged periods, these rights are directly infringed. The constitutional framework does not permit one political objective to override the daily survival, business continuity, and safety of millions. The statutory scheme further reinforces this position. Under the Pakistan Penal Code, 1860, Sections 141 to 149 address unlawful assembly and rioting; Section 186 criminalizes obstruction of public servants in discharge of their duties; Section 188 penalizes disobedience of lawful orders, including prohibitory measures under Section 144 of the Code of Criminal Procedure, 1898; Section 268 defines public nuisance; Section 283 specifically prohibits obstruction or danger in public ways; and Section 341 addresses wrongful restraint. These provisions collectively make it clear that organized blockage of........