The Supreme Court has said that all the intelligence agencies, including Inter-Services Intelligence (ISI), Intelligence Bureau (IB) and Military Intelligence (MI), and the Inter-Services Public Relations (ISPR) must not exceed their respective mandates. "They cannot curtail the freedom of speech and expression and do not have the authority to interfere with broadcasts and publications, in the management of broadcasters/ publishers and in the distribution of newspapers," said a 43-page judgement on the Faizabad dharna (sit-in).
Justice Qazi Faez Isa had taken a suo motu notice of the sit-in by a religious group at Faizabad Interchange in November 2017 and after hearing the case for almost one year reserved the judgement on 22nd November, 2018.
Tehreek Labbaik Pakistan had staged a dharna at Faizabad in November 2017 which had paralysed Islamabad and Rawalpindi for 22 days. The protesters had demanded the resignation of the then Law Minister Zahid Hamid and stern action against those who were behind the changes in the declaration form for electoral candidates regarding Khatm-e-Nabuwwat.
The judgement authored by Justice Qazi Faez Isa said the Constitution emphatically prohibits members of the armed forces from engaging in any kind of political activity, which includes supporting a political party, faction or individual. The court asked the federal government through Ministry of Defence and the respective Chiefs of the Army, the Navy and the Air Force to initiate action against the personnel under their command who are found to have violated their oath.
The court said that the intelligence agencies should monitor activities of all those who threaten the territorial integrity of the country and all those who undermine the security of the people and the State by resorting to or inciting violence. "To best ensure transparency and the rule of law, it would be appropriate to enact laws which clearly stipulate the respective mandates of the intelligence agencies," it added.
The police and other law-enforcement agencies are directed to develop standard plans and procedure with regard to how best to handle rallies, protests and dharna, and ensure that such plans/procedures are flexible enough to attend to different situations. The judgment said: "It is clarified that though making of such plans/procedures is not within the jurisdiction of this court, we expect that in the maintenance of law and order every effort will be taken to avoid causing injury and loss of life."
The Supreme Court office is directed to send copies of this judgement for information and compliance to the government of Pakistan, through the cabinet secretary, secretary defence, secretary interior, secretary human rights, secretary religious affairs and interfaith harmony, secretary information, the chief secretaries of the provinces, Election Commission of Pakistan, Pakistan Electronic Media Regulatory Authority, Pakistan Telecommunication Authority and the chief commissioner of Islamabad.
The secretary defence is directed to forward the judgement to the heads of the Armed Forces, the director general Inter-Services Intelligence, the director general Inter-Services Public Relations and the head of the Military Intelligence.
The secretary interior is directed to forward the judgement to director general Intelligence Bureau, director general Federal Investigation Agency, inspectors general of police of the provinces and the Islamabad Capital Territory.
The secretary information is directed to forward the judgement to the directors of all press and information departments, who in turn are directed to forward it to all newspapers published in their territories.
Pakistan Electronic Media Regulatory Authority is directed to forward this judgement to all television channels and all its licensed broadcasters and operators.
The federal and provincial governments are directed to monitor those advocating hate, extremism and terrorism and prosecute the perpetrators in accordance with law.
The judgement said that subject to reasonable restrictions imposed by law, citizens have the right to form and to be members of political parties. "Every citizen and political party has the right to assemble and protest provided such assembly and protest is peaceful and complies with the law imposing reasonable restrictions in the interest of public order. The right to assemble and protest is circumscribed only to the extent that it infringes on the fundamental rights of others, including their right to free movement and to hold and enjoy property."
It said that the protestors who obstruct people's right to use roads and damage or destroy property must be proceeded against in accordance with law and held accountable.
The judgement noted that the Constitution earmarks the responsibilities of the Election Commission which it must fulfil. If a political party does not comply with the law governing political parties then the Election Commission must proceed against it in accordance with law. The law is most certainly not cosmetic as contended on behalf of the Election Commission.
All political parties have to account for the source of their funds in accordance with the law.
The State must always act impartially and fairly. The law is applicable to all, including those who are in government and institutions must act independently of those in government.
When the State failed to prosecute those at the highest echelons of government who were responsible for the murder and attempted murder of peaceful citizens on the streets of Karachi on 12th May, 2007 it set a bad precedent and encouraged others to resort to violence to achieve their agendas.
A person issuing an edict or fatwa, which harms another or puts another in harm's way, must be criminally prosecuted under the Pakistan Penal Code, the Anti-Terrorism Act, 1997 and/or the Prevention of Electronic Crimes Act, 2016.
Broadcasters who broadcast messages advocating or inciting the commission of an offence that violate the PEMRA Ordinance and the terms of their licences must be proceeded against by PEMRA in accordance with law.
Cable operators who stopped or interrupted the broadcast of licensed broadcasters must be proceeded against by PEMRA in accordance with the PEMRA Ordinance, and if this was done at the behest of others then the PEMRA should report those so directing the cable operators to the concerned authorities.
Those spreading messages through electronic means which advocate or incite the commission of an offence are liable to be prosecuted under the Prevention of Electronic Crimes Act, 2016, said the judgement.
Justice Faez concluded the judgement by quoting Quaid-e-Azam Muhammad Ali Jinnah: "I consider it my duty to call upon the Muslims to temper their resentment with reason and to beware of the dangers which may well overwhelm their own State. Should they allow their feelings of the moment to gain mastery over their actions? It is of utmost importance that Pakistan should be kept free from disorder, because the outbreak of lawlessness... is bound to shake... its foundation and cause irreparable damage to its future. I pray to God that He who has bestowed on us this great boon of a sovereign State, may now give our people courage to... preserve intact the peace of Pakistan for the sake of Pakistan."
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