ISLAMABAD (Dunya News) – Chief Justice of Pakistan (CJP) Qazi Faez Isa on Monday expressed his indignation over the Faizabad inquiry commission report and remarked that the commission's work was to conduct an inquiry which it did not.
“I am unable to understand what kind of report this is,” the CJP gave these remarks while hearing the Faizabad sit-in review case at the head of a three-member bench which comprises Justice Irfan Saadat Khan and Justice Naeem Akhtar Afghan.
At the outset of the hearing, the CJP expressed his displeasure over the report submitted on Sunday by the inquiry commission. The report was submitted to the Supreme Court by the Attorney General's Office.
He asked Attorney General for Pakistan Mansoor Usman Awan whether he had read the report, who relied in the negative, adding that he had yet to go through it.
Later, the court adjourned the hearing of the case till 11am.
When the hearing resumed after the break, the attorney general informed the court that head of the inquiry commission was here. If the court has any question related to the report, it can be put to him.
The CJP observed that the commission report lacked any findings. It was a wastage of time. The report has nothing on the damage done to the country. It was the commission’s job to document evidences and events.
The attorney general told the court that Gen Faiz Hameed in his testimony had said that it was not the responsibility of the ISI to look into the financial support of terrorists.
The CJP asked him if it was not his responsibility, then who was responsible.
Chief Justice Isa expressed his surprise that in one paragraph it is said that the ISI was not responsible to find financiers of the terrorists and in the next paragraph they are writing that evidence of TLP's financial support has not been found.
He remarked that the commission did not know its responsibility. It prepared the report based on the statement of Faiz Hameed. It did not mention how much loss Pakistan suffered. No one cared about the loss to the country. It seemed it had been presumed that arson and killing had become one’s right.
The CJP observed that those who do not learn a lesson should be taught a lesson. The state will have to establish its writ. People's property was set on fire. Don't make the arsonist a hero.
“I am disappointed with the report of the inquiry commission. They say just move forward. How can we move forward without learning from the past? Was there any fire when Pakistan was being founded? But now there’s fire everywhere.”
Justice Irfan Saadat said someone's stopped and his motorcycle set on fire in Karachi.
The chief justice said the commission had held the Punjab government responsible for the mayhem.
Chief Justice Isa observed that the commission said that [then interior minister] Rana Sanaullah was running the Punjab government and he was responsible for the incident. The commission did not say who violated the oath. How can the commission say that the protesters should have been stopped in Punjab? It is the right of every citizen to protest peacefully.
He said what the commission was afraid of. It seemed that the commission had some grudge against the Punjab government.
The attorney general argued that the focus of the commission was on why the protesters were allowed to come to Islamabad.
Justice Irfan Saadat remarked that the commission had put all the blame on the Punjab government.
The chief justice said the commission had written the entire report against the Punjab government. He said had the 2019 decision properly implemented, there would not have been May 9.
It may be recalled that the 150-page report comprises statements of 33 witnesses. The commission found no evidence of any conspiracy in the TLP (Tehreek Labbaik Pakistan) sit-in and that retired Lt Gen Faiz Hameed acted as a mediator and had the permission of the ISI director general and army chief.
The commission also made 33 recommendations along with the conclusion.
By mentioning the Mustafa Impex case, it was also pointed out that the powers of the prime minister and the ministers were not clear.
According to the commission report, the crisis emerged from the amendment to a declaration in the Election Act.
Commission absolves Faiz Hameed
In April, the inquiry commission probing the November 2017 Faizabad sit-in absolved former director-general of the Inter-Services Intelligence (ISI), retired Lt Gen Faiz Hameed, of the charges.
The three-member commission, set up on the orders of the Supreme Court, issued its 149-page report. The commission cited various loopholes in the handling of the issue and drafted recommendations after evaluating the circumstances related to the Tehreek-e-Labbaik Pakistan's sit-in at Faizabad.
The report highlighted the role of the Islamabad police, the Ministry of Interior, the Punjab government, the ISI and the IB, and contained details of matters related to former law minister Zahid Hamid.
The report stated that Faiz Hameed as Maj Gen DG (C) ISI was authorised by the then army chief and the ISI director general to sign the agreement with protesters. Moreover, then prime minister Shahid Khaqan Abbasi and then interior minister Ahsan Iqbal also agreed on retired Gen Faiz Hameed's role as a mediator.
The commission stressed on ensuring implementation of all the points of the National Action Plan and recommended that weaknesses in the command and control system of the police should be addressed.
The inquiry commission pointed out that Faizabad-like incidents occured because of flaws in the government policy. It stressed on “policymakers” to learn lessons from the Faizabad incident.
The report held the Punjab government responsible for “allowing the TLP to proceed to Islamabad instead of halting it in Lahore.”
The commission found the government of Punjab “negligent and weak” which led to bloodshed. Steps should be taken to end faith-based violence. The state should not compromise on the constitution, human rights, democracy and the rule of law, said the commission.
The inquiry commission was headed by former IG Syed Akhtar Ali Shah, and included former IG Tahir Alam and Pakistan Administrative Service's senior officer Khushal Khan.