CJP Isa wants to know who was mastermind of Faizabad sit-in
Pakistan
The CJP gave this remark while hearing several review petitions on Faizabad sit-in case verdict
ISLAMABAD (Dunya News) – Chief Justice of Pakistan Qazi Faez Isa said on Wednesday “we want to know who the real mastermind of Faizabad sit-in was.”
The CJP gave this remark while hearing several review petitions on Faizabad sit-in verdict of 2019 at the head of a three-member bench of the Supreme Court here. The bench includes Justice Aminuddin Khan and Justice Athar Minallah.
Chief Justice Isa also rejected the government’s recently formed fact-finding committee responsible for compliance with directions included in the Supreme Court’s February 6, 2019 Faizabad sit-in case decision.
Wednesday's proceedings
When the proceedings started today, the CJP directed the Attorney General to read the order of the previous hearing. After he finished reading, the chief justice said Absar Alam had levelled serious allegations against the employees of the Ministry of Defence.
Referring to former Pemra chief Alam’s statement, the CJP observed that all institutions, including the Election Commission of Pakistan (ECP), were not independent. He asked the AGP "do you want to withdraw the review petition as some other petitioners have done." The AGP replied that a fact-finding committee had been constituted.
Chief Justice Isa said keeping the allegations of Absar Alam in view, this matter is related to you [federal government]. The CJP asked him when the fact-finding committee was established. The AGP said it was set up on Oct 19.
The chief justice then asked to whom the committee would present its report. The AGP said it would submit its report to the Ministry of Defence and the Supreme Court. CJP Isa observed this whole exercise was an eyewash.
Justice Minallah asked the AGP whether he could justify what was happening in the country was according to the constitution.
The chief justice intervened and said: "You are not capable of handling this matter." "A gentleman is imported from outside and the whole country is paralysed,” he said.
The CJP remarked that the application of TORs was so broad that everyone would be acquitted. Billions of rupees have been lost but the government does not care.
“The TORs do not specify the method and scope of inquiry. We dictate and your job is to execute,” he said.
Justice Minallah asked the AGP who had constituted the committee. He replied that the federal government had formed it.
“Was the approval of the federal cabinet taken? Was this committee formed under the Inquiry Commission Act?” he inquired from the AGP.
Chief Justice Isa remarked that if this was not so, then the notification of the commission was a mere piece of paper.
“This committee too is illegal,” the CJP stated and asked why the inquiry was not conducted under the Inquiry Commission Act. “Let’s suppose that the committee summons Absar Alam but he doesn’t show up. What will you do then?” he asked.
A committee formed under the Inquiry Commission Act has powers and all institutions are bound to cooperate with it, the CJP added. “No one will appear before your committee,” he told the AGP.
AGP Awan assured the court that the government would work on the matter.
Justice Minallah stressed that the supremacy of the constitution must be ensured at any cost. CJP Isa remarked that when one person gets affected, it makes others mindful of the consequences of doing something wrong.
The chief justice stressed that the inquiry should also reveal why everyone appealed the 2019 verdict.
“You have an opportunity to get the inquiry done from a person who respects the Constitution,” Justice Minallah said while Justice Isa said it was up to the government to choose whoever they wanted to conduct the probe.
THE PAST
Authored by Justice Isa years before he took oath as the chief justice of Pakistan (CJP), the 2019 judgement had instructed the defence ministry and the three services chiefs to penalise personnel under their command who were found to have violated their oath.
Justice Isa had also directed the government to monitor those advocating hate, extremism and terrorism and prosecute them according to the law.
He also censured several government departments as their incompetence caused inconvenience to the residents of Islamabad and Rawalpindi for 20 days.
The Ministry of Defence, the Intelligence Bureau, the PTI, Pemra, the Election Commission of Pakistan (ECP), the Muttahida Qaumi Movement (MQM), Sheikh Rashid and Ijazul Haq filed review petitions against the verdict.
However, most of the petitioners including the government, IB, Pemra and PTI withdrew their pleas on Sept 28, prompting the CJP to ask “why is everyone so afraid to speak the truth”.
ABSAR ALAM'S STATEMENT
A day ago, former Pemra chairman Alam alleged in a statement that he received phone calls from then ISI Director General Maj Gen Faiz Hamid and his subordinates who asked him to take action against senior journalist Najam Sethi and completely black out former ambassador Husain Haqqani from TV channels, though these demands were never heeded.
Alam also alleged that the general and his subordinates controlled the policies of TV channels through unlawful means by changing their numbers and moving them to the tail end of cable networks, if they refused to follow the instructions.
