ISLAMABAD: The Islamabad High Court (IHC) on Monday directed the secretary Ministry of Defence to investigate how Chief of Army Staff (COAS) General Qamar Javed Bajwa was dragged into the controversy of the Faizabad sit-in staged by religious groups.

The IHC issued the order to Defence Secretary retired Lt-Gen Zamirul Hassan Shah while hearing identical petitions filed by local residents and lawyers against the sit-in which paralysed routine life in the twin cities of Rawalpindi and Islamabad from Nov 8 to 27.

The clerics announced to end the sit-in after signing an agreement with the federal government.

The agreement was materialised by Faiz Hameed, a serving major general of the army.

In the agreement, both the sides expressed their gratitude to Gen Bajwa, saying the agreement came about as a result of efforts made by the army chief and his team.

Justice Siddiqui offered two options to Attorney General Ashtar Ausaf for scrutiny of ‘controversial’ agreement

The order issued by Justice Shaukat Aziz Siddiqui stated: “It is also expected from the secretary, ministry of defence, that probe shall be made that how name of Chief of Army Staff (COAS) has been used in the disputed agreement and to identify the persons responsible (who) brought embarrassment to the (army) institution.”

During the course of hearing, Justice Siddiqui offered two options to Attorney General (AG) Ashtar Ausaf for the scrutiny of the ‘controversial’ agreement: to place it before a joint session of parliament or the federal cabinet.

When Justice Siddiqui asked the AG whether the government was ready to “refer the so-called agreement to a joint session of Parliament, he sought time to respond.

The AG then opted for the second option - to place the agreement before the federal cabinet, including the mediator (army) “to weigh it on the touchstone of the Constitution and law of the land.”

The court termed the agreement surrender of the federal government to the protesters.

“How the federal government could withdraw FIRs against the violent protesters unilaterally,” asked Justice Siddiqui.

“The protesters beat up police officials mercilessly and it is the right of the policemen to forgive the leadership of the sit-in or otherwise,” he added.

“This is because the colour of uniform was blue; had there been khaki uniform there would be an altogether different scenario,” the judge remarked.

Justice Siddiqui linked the withdrawal of FIRs against the leadership of the sit-in participants with the satisfaction of the injured policemen.

While the AG sought time from the court to respond to the queries, Justice Siddiqui asked him to take steps to stop mosques and religious seminaries from issuing Fatwa to declare someone an apostate. “The life of the citizens would not be secure otherwise,” he added.

He also asked the AG to apprise the court about the losses caused due to the sit-in and who was responsible for damaging public properties.

Mr Ausaf replied that the government was already working on this and a report would be submitted to the court on the next date of hearing.

He reminded the court that since the Supreme Court had also taken up a suo motu notice on the Faizabad sit-in, the IHC may stop proceeding till the final judgment of the apex court.

The court order added: “The order passed by august Supreme Court clearly suggests that although some issues raised through these petitions do not find mention in the order of Hon’ble Supreme Court, however, in utter respect and great reverence to the proceedings pending before the Hon’ble Supreme Court, it would be appropriate that till final decision… no substantive order may be passed by this court.”

A joint director of Intelligence Bureau (IB) and the chief commissioner Islamabad submitted reports to the court about the protest.

Special Assistant to Prime Minister Barrister Zafarullah Khan, however, recused himself from investigating the alteration made to the Khatam-i-Nabuwat declaration for personal reasons.

However, the AG said the government would not claim privilege about the report of Raja Zafarul Haq committee and would submit it to the IHC after its completion. Further hearing in the matter was adjourned to January 12.

Published in Dawn, December 05th, 2017