Unconstitutional acts of some people at the helm of Capital Development Authority and Islamabad police affairs have been challenged before Islamabad High Court (IHC) as they committed grave violation of fundamental rights of as many as 18 street venders while confining them all day long and then precured their statements under coercion that these vendors will not carry on trade in Islamabad.
Invoking jurisdiction of the IHC on behalf of 18 street venders two days ago, advocate Ms Imaan Zainab Hazir pointed out sheer violation of guaranteed constitutional rights like right to life, dignity, to engage in trade and equality before the law.
Making the CDA, Metropolitan Corporation Islamabad (MCI) and others as respondents in the matter, advocate Ms Imaan Zainab Hazir apprised single-member bench of the Justice Sardar Ejaz Ishaq Khan the petitioners are hawkers of the CDA. They are aggrieved that the CDA is harassing them and not allowing them to conduct their business.
A two-page order of the court available with Law Today described, “Counsel apprised the court that the police had arrested as many as 13 street vendors on Sunday, June 30,2024, kept them in confinement all day long, and took statements from them under coercion that they would not practice their trade within Islamabad. She presses for interim relief prayed in the main petition for that reason and makes a request that the main case also be taken up for today (June 05,2024)”.
Justice Sardar Ejaz Ishaq Khan allowed the request of the petitioners and stated in main order of the matter, “Counsel refers to the memo of petition and the grounds stated therein, which in summary, depict that the petitioners fundamental rights to life, dignity, to engage in trade, and equality under Articles 9, 14, 18 and 25 of the Constitution are being violated for the reason of their licenses not being renewed and, in some cases, not being granted in the first place, despite their entitlement to that effect”. It is pertinent to mention that advocate Imaan informed the court that many of these street vendors got into this trade as a consequence of representation by the government under the Ehsaas Rehribaan Program introduced by the government around 2021. She further informed the court that as a consequence of which they were extended bank loans and other facilities which they would now be unable to pay if their licenses were not renewed.
After a brief hearing of the matter the IHC issued directives to respondents to depute knowledgeable officers to appear in person before the court on next date of hearing. The bench also issued directives to respondents to not take any action against the venders saying, “In the meantime no coercive action against any of the street vendors shall be taken”.
The court also directed to the its office to ensure communication of the order to respondents through telephone. The bench will take up the matter tomorrow on Monday.
