The Supreme Court Thursday questioned whether the insidious forces, instead of the Parliament, are going to determine the future of Pakistan. Hearing the Faizabad sit-in case, Justice Qazi Faez Isa, a member of two-judge bench, said that the country was acquired to accomplish the vision of Founder of Pakistan, Quaid-e-Azam Muhammad Ali Jinnah. "All the authorities in Pakistan are subservient to the Constitution, if they are not then I would go further and say they are traitors in view of the Articles 5 and 16 of the Constitution," he added.
The bench after hearing the arguments of attorney general for Pakistan (AGP) and chairman Pakistan Electronic Media Regulatory Authority (PEMRA) reserved the judgement on Tehreek-e-Labaik Pakistan (TLP) sit-in at Faizabad in 2017 which had paralysed the twin cities of Islamabad and Rawalpindi for 22 days.
The secretary defence through attorney general in a sealed envelop submitted the statement about the Inter-Services Intelligence (ISI) functions.
Justice Qazi inquired whether the intelligence agencies in other countries have such mandate and if the ISI can do anything what it likes.
AGP Anwar Mansoor Khan replied he would brief about the ISI in chambers as this is a very sensitive issue. However, the court asked him to submit his views in a written form.
On the issue of protests, the attorney general said as far as 12th May Karachi incident is concerned, it is in the trial court. "By repeating the same, nothing new would come out of it," he said and added the then chief justice of Pakistan was not allowed to enter Karachi city. He blamed Muttahida Qaumi Movement (MQM) for causing the problem and setting up barricades in the whole city.
Justice Faez questioned whether a political party or the State can come in the way of peaceful protest. The AGP replied this has to be determined. The judge then sought the attorney general's opinion regarding Faizabad sit-in and Pakistan Tehreek-e-Insaf and Pakistan Awami Tehreek sit-in at Constitutional Avenue where the protesters had become violent. He said in the PTI's sit-in, the protesters' demand was that commission be constituted to investigate the allegation of rigging in the general election. The commission was set up, headed by Chief Justice Nasirul Mulk, to probe the charges, which gave findings that the general election 2013 was not rigged.
Justice Faez asked from the AGP if the protesters accepted the findings of the commission and apologised to the people of Pakistan for damaging the properties and injuring people including the personnel of law enforcement agencies.
The attorney general remained quite. Upon that Justice Faez said: "If you can't say anything about it then why can't we discuss it." There is no judgement on this aspect, he said.
Secretary Election Commission of Pakistan (ECP) Babar Yaqoob Fateh Muhammad informed the bench that they have written to the Ministry of Interior about the issue of TLP that some of its members are working against the sovereignty and integrity of Pakistan. He said that directions in the Article 211 of Election Act, 2017 are of the nature of directory and not mandatory.
Justice Faez asked whether fundamental rights are also cosmetic if the courts and the government have not to protect them.
Justice Faez rejecting his submission said that like good bureaucrat he has twisted the provision, adding first the ECP had complained that the TLP has not filed the statement of expenses incurred in election as per the Article of 211 of Election Act, and now they are defending a political party which is acting in violation of law.
The attorney general said action could be taken against a party which is receiving foreign funding under Article 212 of the Act, which says; "Where the federal government is satisfied on the basis of a reference from the Commission or information received from any other source that a political party is a foreign-aided political party or has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan or is indulging in terrorism, the government will by a notification in the official gazette, make such declaration."
Chairman Pemra Salim Baig said that they have taken action against the cable operators who had blocked the transmission of two private TV channels. Justice Faez observed that the PEMRA chairman is not doing his job.
Earlier, the bench took exception to non-appearance of Attorney General Anwar Mansoor Khan. When in the morning the bench took up the case, the attorney general requested the court to hear it after the break at 11:30am. The bench, therefore, heard the case at 12:00 noon. At that time Deputy Attorney General Sohail Mehmood informed the bench that the AGP was in the ECC meeting. The court wanted to issue him contempt of court notice for avoiding the court; however, in the meanwhile, he appeared before the bench.
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