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Thursday March 28, 2024

Faizabad sit-in case: SC asks if 2014 sit-in leaders have apologised to nation

By Our Correspondent
November 17, 2018

ISLAMABAD: The Supreme Court on Friday expressed dissatisfaction with reports furnished by the Inter-Services Intelligence (ISI), Pakistan Electronic Media Regulatory Authority (Pemra) and Election Commission of Pakistan (ECP) on the religio-political parties’ sit-in at Faizabad last year.

A two-member bench of the apex court, headed by Justice Mushir Alam and Justice Qazi Faiz Isa, resumed hearing of Faizabad sit-in suo motu case. Justice Qazi Faiz Isa asked if the country will be run under the Constitution or through the street power. He said a peaceful protest is the right of every citizen but violence could not be allowed. Expressing dissatisfaction with the reports, the court directed all the departments to submit them afresh. The court also took exception to the absence of Attorney General for Pakistan Anwar Mansoor Khan.

The Deputy Attorney General (DAG), Sohail Mahmood, informed the court that the AGP was in Lahore in connection with the cases being taken up Chief Justice of Pakistan Justice Mian Saqib Nisar at the Lahore Registry. He further told the court that the chief justice had directed him to go to Lahore in connection with some cases.

Justice Qazi Faiz Isa said, “We are also court” and recalled that they had fixed the date on the desire of attorney general. “Is it the choice of attorney general to come to court or not of his own will?” Justice Isa asked. Sohail Mahmood sought adjournment due to absence of the attorney general. Justice Isa asked as to who paid salary to the AG, Sohail Mahmood submitted that the AG drew his salary from the citizen’s tax deposit. At this, Justice Isa said if his salary came from the citizens’ tax, then he was answerable. Justice Isa asked the deputy attorney general to take instructions from the government and then inform the court whether or not it wanted to pursue the instant case.

On the last date of hearing the court had questioned the registration of Tehreek-e-Labbaik (TLP) as a political party and issued a notice to the Election Commission of Pakistan (ECP) to submit a comprehensive report. The court had also sought a report from Pemra on the suspension of transmission of two TV channels during the Faizabad sit-in held last year by Khadim Hussain Rizvi, chief of Tehreek-e-Labbaik Ya Rasool Allah (TLYRA).

On Friday, Justice Isa asked the Pemra Chairman Muhamad Saleem Beg as to what action he had taken against the cable operators for suspending transmission of TV channels during the Faizabad sit-in. The chairman said the cable operator was fined Rs50,000 to which he observed that it was not mentioned in the report. Beg’s reply agitated the judge, who told him that he was misusing his office. The deputy attorney general also observed that the report contradicted his statement. The judge asked Beg if anyone other than the authority also issued instructions to the electronic media. The Pemra chief replied in the negative to which the judge said he was the Pemra chief but he didn't even know that secret instructions were received.

The judge then referred to a sit-in staged in the Islamabad Red Zone in 2014 demanding constitutions of a judicial panel to investigate rigging in the 2013 elections. "The commission gave its report stating that the 2013 polls were in large part organised and conducted fairly and in accordance with the law,” said the judge and asked, if the sit-in leaders had apologised to the nation after the judicial commission's report.

The court observed that the premier intelligence agency in pursuance of the court’s query had submitted that it could not provide income tax details of the protest leaders and said that it could be provided by the Federal Board of Revenue. The court asked Deputy Attorney General Sohail Mahmood if he was satisfied with the report submitted by ISI to which the law officer replied in the affirmative. Later, the court sought fresh reports from the ISI, ECP and Pemra and adjourned further hearing until next Thursday.