Pakistan Tehreek-e-Insaf (PTI), Muttahidda Qaumi Movement (MQM), Election Commission of Pakistan (ECP), and Federal Railways Minister Sheikh Rasheed on Thursday filed review petitions against Faizabad sit-in. The Supreme Court judgement authored by Justice Qazi Faez Isa had given findings against the intelligence agencies, including Inter-Services Intelligence (ISI), Intelligence Bureau (IB) and Military Intelligence (MI), Inter-Services Public Relations (ISPR), PTI, MQM, Pakistan Electronic Media Regulatory Authority (PEMRA), and the Election Commission of Pakistan.
The review petitions filed on Thursday said they have been condemned unheard, rendering the impugned judgement to be a nullity, warranting the same to be set at a naught without any loss of time. The author judge also violated third preamble to the Superior Judiciary's Code of Conduct which, inter alia, provides for the full implementation of high principles as well the universal requirement of natural justice.
The impugned judgement is bad in law and no facts. The same is completely without jurisdiction, void ab initio and of no legal effect. The impugned judgement may kindly be reviewed in the interest of justice.
The PTI filed the petition through its Secretary General Arshad Dad, saying though dharna case has no connection with the PTI-PAT protest at Constitution Avenue, despite that the judges have unjustly and erroneously alluded to it, passing unmerited strictures. The petition said that adverse observations in paras 4, 17, 22, 24, 52 of the judgement were made without issuing any notice to them. The para 17 of the judgement says; "He cited the 2014 dharna by two political parties, the PTI and PAT when the State did not remove the protestors who gathered in front of the Presidency, Parliament, Supreme Court, Prime Minister Secretariat and Cabinet Secretariat, all of which fell within the designated 'Red Zone'. During the PTI-PAT dharna the protestors had camped on D-Chowk and Constitution Avenue for over three months."
The scathing adverse observation, directly and indirectly, so also the innuendoes made in the impugned judgement against the PTI have caused untold prejudice to it and its members, causing colossal loss and damage the reputation of the party and its members, which is against Article 10A of Constitution.
The MQM contended that it is one of the largest political parties of Pakistan and has made its mark in the electoral politics in the last four decades. It objected to paras 21, 23, 24, and 53(7) of the judgement that deal with 12th May incident.
It contended that the judgement miserably fails to address that many of MQM supporters were also killed on 12th May but no action was taken against the perpetrators. The impugned judgement is therefore one sided, unfair and confirms the bias of the author judge against the petitioners.
The Election Commission of Pakistan pointed out in it petition that the observations and inferences against it, if stay on record, may lead to adverse impression on the functioning of the Commission and referred to paras 30, 31, 32 and 33, read with the para 52. It said that giving impression and perception of negligence or ignorance, will effects is role actions. It prayed the apex court to review the paras particularly 33 and conclusion so it secure its position on independence, fairness, integrity with effective enforcement, compliance and swirl.
Sh Rasheed said the report submitted by the intelligence agencies regarding the dharna didn't find him involved in suspicious activities. However, the findings in the judgement were contrary to the ISI's report. The court never summoned me nor did it hear my stance, he said.
Rasheed contended that he wasn't part of the protest and wants his name removed from paragraph 4 of the Supreme Court order. The para 4 of the judgment reads; "The leaders of the dharna intimidated, hurled threats, abused, provoked and promoted hatred." The media provided unabated coverage to TLP. Anyone having a grouse against the government joined in. The report 4 submitted by Inter-Services Intelligence (ISI) under the title "Public Support" and subtitle "Political Parties/ Personalities" listed the following: "1) Sheikh Rasheed Ahmed (Chairman AML), 2) Ejaz-ul-Haq (PML-Z), 3) PTI Ulema Wing Islamabad released audio message and 4) Sheikh Hameed (PPP)."