ISLAMABAD: The Supreme Court expressed dismay over the report of the inquiry commission, which was constituted to investigate and identify the persons responsible for Faizabad dharna (sit-in).
A three-judge bench headed by Chief Justice Qazi Faez Isa, and comprising Justice Irfan Saadat and Justice Naeem Afghan, on Monday, heard the petitions related to the SC Faizabad dharna verdict.
The chief justice said that the Commission did not do the tasks, which were assigned to it. The Commission has gone out of its way to exonerate some people and held some responsible. He said there is no clarity in the report, and it is vindictive.
Justice Faez questioned how the Commission mentioned in the report that the army is a “sacred arm” of the state. He said the army is part of the State, adding the report seems to be an article in the newspaper. “It (the report) is really disappointing,” and questioned why the time was wasted.
The chief justice said that after the withdrawal of review petitions, the judgment has attained finality, adding; “We should not wait for another incident of 9th May.” “If the government was vigilant then the 9th May incident may not have happened.”
Attorney General for Pakistan Mansoor Usman Awan said that he would ask the government to initiate the process for legislation on the judgment and place it before the Parliament.
When the chief justice inquired from the AGP whether the federal government supported the report. Mansoor replied that he would be filing the federal government’s response in this regard. The federal government was also directed to file a statement whether it wanted to make the report public or not in two weeks time.
The bench ordered the SC office to send a copy of today’s (May 06) order to the Inquiry Commission members, so that they file a reply in writing and may appear in person on the next date.
The bench noted that the Commission did not attend the Term of References (ToRs), but ventured in the areas, which were not in its ToRs. It also noted that that all the persons, who appeared before it, were not treated similarly as some persons’ statements were recorded on oath, while others submitted written statements.
The court observed that no member of the Tehreek-e-Labbaik Pakistan (TLP) was called and their statements recorded. It said that the Commission assumed, incorrectly, that the protesters, who came from Lahore to Islamabad, were prohibited, while the Faizabad dharna judgment said the opposite. The judgment has said that the right to assemble and protest cannot be proscribed.
The court further noted that the Commission did not consider the judgment and the subsequent orders, passed by the bench. The chief justice said it was disappointing to note that the element of provincialism crept into the report and it castigated those at the political helm of affairs at that relevant time.
At the outset, the AGP read out the ToRs and the findings, recommendations and the conclusion of the report. He stated that he did not find any substance in the report.
The review petitions were filed by Inter-Services Intelligence (ISI), Intelligence Bureau (IB), Military Intelligence (MI), and Inter-Services Public Relations (ISPR), Ministry of Defence ministry, the PTI, MQM-P, Election Commission of Pakistan (ECP), Pakistan Electronic Media Regulatory Authority (Pemra), President AML Sheikh Rasheed Ahmed and President PML-Z Ijazul Haq. They, however, withdrew petitions when Justice Faez became the chief justice of Pakistan in September 2023.
The federal government, therefore, on November 15, last year, constituted a three-member inquiry commission under the Inquiry Commission Act, 1956, to investigate and identify the persons responsible for Faizabad dharna and recommend legal action against them.
The Commission headed by retired PSP officer Syed Akhtar Ali Shah and comprising former Inspector General of Police Tahir Alam Khan and Additional Secretary Ministry of Interior Khushhal Khan in the second week of April submitted its report to the Cabinet Division.
The commission proposed implementing the National Action Plan and emphasized the need for the executive to fulfil its responsibilities effectively. Moreover, it suggested amendments to laws, including those related to social media, to better regulate platforms like the PEMRA Ordinance.
The report gave a clean chit to former Director General ISI Lt-Gen Faiz Hameed, saying there was no evidence of any organisation’s involvement behind the TLP protest. However, it failed to address the Supreme Court’s order whether it was co-incidental or on the instruction of the same source to file and withdraw the review petitions against its judgment.
Copyright Business Recorder, 2024