ublic roads and highways are widely regarded as a beneficial network contributing to the fight against poverty. They have a crucial contribution to make to economic development and bring significant social benefits. They also play an important role in making a country strong.

Efficient roads provide access to employment, hospitals, schools, colleges and other public places and facilities. In fact, road infrastructure is among the most important national assets.

It is important therefore that roads and highways are not blocked for political demonstrations. A peaceful protest is a collective action by a group of people to express their disapproval of a particular cause without resorting to physical violence. The right to peaceful protest is protected by Articles 19 and 20 of the United Nations Universal Declaration of Human Rights. UN member states and their governments are expected to facilitate protesters who assemble peacefully.

Police intervention is generally disapproved, except in extreme and compelling circumstances, such as when protesters become violent or when a demonstration continues indefinitely. Through peaceful protest, demonstrators convey their grievances or demands to the government and relevant authorities. Unfortunately, in Pakistan, many demonstrations are arranged for political benefit or personal gain. The organisers typically claim that they are seeking political change or addressing unemployment, corruption, social injustice and inflation.

Public protests for political purposes have been increasing in Pakistan over the recent years. In practice, this has often made the lives of the general public miserable. Consequently, most people choose not to participate in these protests, even when the issues involved resonate with them.

The blockage of roads by protesters—whether through use of force or other means—restricts and prevents the movement of the public and the supply of goods. Such actions are illegal and amount to breaking the law. Sometimes they end up hurting ordinary people and causing chaos.

When roads are blocked by the police and other law enforcement agencies—citing reasons like security checks, special events or lowering accident rates in high-risk areas—the actions are often viewed unfavorably by the public.

Freedom of movement is a fundamental right of every citizen of Pakistan underArticle 15 of the constitution. Article 16 provides for the freedom of assembly as a fundamental right, allowing every citizen to assemble peacefully, without arms and subject to reasonable restrictions imposed by law in the interest of public order.

The freedom of peaceful protest should not infringe upon the freedom of movement of other citizens. It is a cardinal principle of legal interpretation that articles mentioned earlier in a sequence should be implemented first. Hence, the freedom of assembly under Article 16 does not take precedence over the freedom of movement under Article 15 of the constitution.

No specific law comprehensively regulates, manages or controls the blocking of roads and highways by protesters. 

While peaceful protest is a constitutional right, protesters cannot violate the rights of other citizens by blocking roads, thoroughfares and highways. The exercise of one’s rights should not result in depriving others of their rights. If the law were to recognise a right to protest by blocking public roads, it would be recognising a right to deny the right of movement of other peaceful citizens. As Martin Luther King Jr once said, “Our lives begin to end the day we become silent about things that matter.”

The use of a road by a person is a judicially recognised right, established by the Supreme Court of Pakistan in the case of Arshad Mahmood (PLD 2005 SC 193). Similarly, the Supreme Court of India, in the Saghir Ahmad case (AIR 1954 SC 728), declared it a fundamental right for a person to use the highway for the purposes of business and transport.

A blockade of roads hinders emergency services, social and economic growth, political stability, foreign investment and public safety. It also causes psychological distress and disrupts daily life. The Supreme Court of Pakistan noted in the Shehla Zia case (PLD 1994 SC 693) that the word “life” includes all amenities and facilities which a person born in a free society is entitled to enjoy with dignity, legally and constitutionally. The word “life” is not used in a limited manner in the constitution; a wide meaning should be given to enable a person not only to sustain life but to truly enjoy it.

Political demonstrations and road blockades for political settlements disrupt everyday life and constitute civil disobedience, which is harmful to the community. Such actions increase frustration among the public—especially for those facing emergencies, such as travelling to the airport, appearing for job interviews or seeking life-saving drugs. Blockades waste time, increase fuel consumption and can lead to loss of life when ambulances are stuck in traffic.

The closing of roads by protesters and demonstrators amounts to public nuisance, which is a cognizable offence under Section 268 of the Pakistan Penal Code. Section 290 of Pakistan Penal Code provides the punishment. The law provides that a person is guilty of a public nuisance if they perform an act that causes common injury, danger or annoyance to the public, or which necessarily causes obstruction to persons who may have occasion to use any public right.

Since public nuisance is a cognizable offence, an FIR can be registered against protesters and organisers. If the protesters cause damage to a road or bridge, they may be guilty of “mischief” under Section 431 of the Pakistan Penal Code, punishable by up to five years of imprisonment, a fine, or both. Under Section 107 of the Criminal Procedure Code, a magistrate can demand a surety bond from any person likely to commit a breach of peace or disrupt public tranquillity.

Currently, no specific law comprehensively regulates, manages or controls the blocking of roads and highways by protesters. Such specific legislation is needed to protect the public’s right to free movement and shield them from the mental agony caused by such blockades.

The writer is an advocate of the Supreme Court of Pakistan based in Peshawar. He can be reached at Ziaurrahmantajik123@gmail.com