Faizabad ‘dharna’ judgment: Fact-finding committee formed for compliance: Govt informs SC

ISLAMABAD: The federal government informed the apex court that pursuant to its order a fact-finding committee has been formed for the compliance of Faizabad “dharna” judgment.

The federation in its statement submitted on Friday informed that a fact-finding committee has been formed comprising the additional secretaries of the ministries of defence and interior and the director of Inter-Services Intelligence (ISI).

The committee held its first meeting on October 26 and will be presenting its findings to the Ministry of Defence on November 1, informed the state. It further mentioned that in case an extension is needed by the committee to complete its task, it will seek time from the Defence Ministry.

A three-judge bench, headed by Chief Justice Qazi Faez Isa and comprising Justice Aminuddin Khan and Justice Athar Minallah will resume hearing of the case on November 1.

The federal government, Ministry of Defence (ISI), the Pakistan Tehreek-e-Insaf (PTI), the Election Commission of Pakistan (ECP), Intelligence Bureau (IB), Pakistan Electronic Media Regulatory Authority (Pemra), Awami Muslim League (AML) chief Sheikh Rasheed and the Muttahida Qaumi Movement-Pakistan (MQM-P), who earlier had filed review petitions against the Supreme Court judgment, last month submitted applications to withdraw them, urging the Court to accept their plea for withdrawal.

A two-judge bench comprising Justice Isa and Justice Mushir Alam on February 6, 2019, delivered the judgment passing various directions.

Attorney General for Pakistan Mansoor Usman Awan, in the last hearing (September 28), informed the bench that steps will be taken to implement the judgment.

CJP Faez, in the last hearing, asked the federal government and others that as now they were withdrawing review petitions against the Supreme Court judgment, therefore, they should accept that the verdict on Faizabad sit-in was justified.

The CJP also asked them; “as were accepting that the judgment was vindicated then now it is their test whether they stand with it or not.” “They would have to inform who gave them orders to file the review petitions, and now on whose order the pleas are withdrawn”, the CJP said. “Truth will set you free.” He remarked, “Why everyone is scared and reluctant to speak truth.”

Justice Athar said mere withdrawal of reviews is not enough, the government and the institutions now have to establish through their conduct whether they stand with it or not. The Chief Justice said: “We will give zero option to comply with the Supreme Court judgment.” Had it been implemented then incident like Jaranwala could have been averted, he added.

In his 2019 judgment, Justice Faez emphasized that the Constitution explicitly prohibited members of the armed forces from engaging in any form of political activity, including supporting a political party, faction, or individual. The verdict directed the government of Pakistan, through the Ministry of Defence and the respective chiefs of the army, navy, and air force, to take action against personnel under their command found in violation of their oath.

Additionally, the judgment instructed the federal government to monitor individuals advocating hate, extremism, and terrorism, prosecuting them in accordance with the law. The judgment also included adverse observations about various government departments and public sector entities, as the 20-day sit-in severely disrupted life in Rawalpindi and Islamabad.

Further, the judgment highlighted that no entity, including government departments or intelligence agencies, could infringe upon the fundamental right of freedom of speech, expression, and press beyond the boundaries outlined in Article 19 of the Constitution.

Justice Faez emphasized that those resorting to such tactics under the mistaken belief that they served a higher goal were deluding themselves.

He concluded by asserting that Pakistan is governed by the Constitution, and obedience to the Constitution and the law is the inviolable duty of every citizen, no matter where they are, and of every person within Pakistan at any given time.

Copyright Business Recorder, 2023