The Supreme Court said that the country functions in accordance with the Constitution and law and no street power will determine how Pakistan will function. A two-judge bench comprising Justice Mushir Alam and Justice Qazi Faez Isa heard the suo motu case on Faizabad 2017 sit-in, which had paralysed the twin cities of Islamabad and Rawalpindi for 22 days.
Expressing dismay over the replies of the Ministry of Defence, Pakistan Electronic Media Regulatory Authority (PEMRA) and Election Commission of Pakistan (ECP), the bench directed them to file fresh replies after removing the deficiencies pointed out and their high-ups should appear on the next date of hearing - November 22. The bench also expressed annoyance over non-appearance of Attorney General for Pakistan Anwar Mansoor Khan.
Justice Faez inquired from Director (Legal) Ministry of Defence Brigadier Falak Naz whether the Inter-Services Intelligence (ISI) is governed by the law. He replied: "We are under the law of the country." Upon this, Justice Faez asked, "Which law and what its mandate is. Where ISI can interfere and where it can't?" Falak Naz said that the ISI is under the administrative control of the Ministry of Interior.
Justice Faez said that this country belongs to the people of Pakistan and not to any group and it will be governed by the Constitution. He said that peaceful protest is the fundamental right of every citizen but violence is not allowed.
The Defence Ministry filed a reply regarding the ISI on court's directions. According to that it is not the mandate of the ISI to inquire about anybody's bank accounts and check the tax details of the individuals. Falak Naz told the court that the ISI is a national security intelligence agency.
Justice Faez remarked the ISI says it cannot inquire about people's banks accounts and taxes, adding if in future it comes to court's notice that the agency has interfered into the individuals' affairs then the court will see. He said if the ISI does not like to follow the court's directions then they would ask Intelligence Bureau (IB) or the police to find out the required information. He said that their judgement would be for the future of the country and not against any specific person.
Justice Faez asked the director legal if any person can lock down the country. Falak Naz replied in the negative. He then recalled the incident of May 12, 2007 when the then Chief Justice went to Karachi to address the lawyers' rally but the whole city was locked. Containers were placed on the routes. Justice Faez said until now no one has raised the May 12 incident wherein over 50 persons had lost their lives in the incident. He said that in 2014 the Constitution Avenue was blocked and even judges were not able to reach court from this road. He said: "If we want to have the rule of law then it should be applied equally."
The director (law), Election Commission of Pakistan, said that Tehreek-e-Labbaik Pakistan (TLP) has not yet submitted the details of expenses incurred in July 2018 general election. He said that under the Section 211 of Election Act, 2017 the political parties are required to submit the details of the finances within 60 days.
Justice Faez inquired if the TLP has not filed statement of expenses then what penal action has been taken against it? The director (law) ECP said that no action can be taken as the Section 211 is cosmetic. Justice Faez remarked if that provision is cosmetic then why the parties would file financial statements.
Chairman Pemra Saleem Baig placed a concise statement, which it took on the complaints of private TV channels. He said that channels' transmissions have been restored; and the regulator has imposed fine on those cable operators who had interrupted their transmissions.
Justice Faez inquired from him whether he had issued any advisory to the media [not to air some news]. Saleem replied in the negative. Justice Faez said, "You mean to say you did not order but some secret powers might have ordered this." He said that they are hearing this case for the sake of Pakistan and do not have objective to target any individual.
The case was adjourned until November 22.
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