ISLAMABAD: In a split 4-1 decision, the Supreme Court on Wednesday decided to ask Pakistan Tehreek-i-Insaf (PTI) Chair­man Imran Khan and his counsel to explain if they were guilty of committing a breach of the undertaking they made to the court before their march in May that they would not proceed to D-Chowk.

Though Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar and Justice Sayyed Ali Akbar Naqvi were in favour of seeking replies, Justice Yahya Afridi stuck to his earlier stance of issuing a contempt notice to the PTI chairman and his counsel, Babar Awan and Faisal Fareed, for allegedly defying their assurances to the court that the PTI would remain confined to the ground between sectors G-9 and H-9 and not reach D-Chowk.

The five-judge bench had taken up the federal government’s petitions seeking initiation of a contempt of court case against former prime minister Imran Khan for allegedly flouting the Supreme Court’s May 25 order and issuing a restraining order against him from creating a perceived law and order situation through a ‘long march’.

The PTI leader on Tuesday announced that he would start another long march on Islamabad from Lahore on Friday.

AAG asked to consider withdrawing plea seeking restraining order against Imran

In his June 1 additional note, Justice Afridi had observed that since Mr Khan, prima facie, disobeyed the court’s May 25 directions, contempt proceedings should be initiated instead of seeking reports from state agencies for the alleged disobedience.

Justice Afridi also asked Additional Attorney General (AAG) Chaudhry Aamir Rehman to explain if the issuance of a notice in a contempt of court matter was necessary for seeking written replies from the respondents.

“At the present state it is necessary to seek for factual aspect of the breach of the earlier undertaking,” said an order by the five-judge bench, adding this was necessary because the material on which the AAG relied though adverse in its contents and consequence about the events of May 25 was not clear.

The court ordered its office to furnish the federal government’s contempt petition and complete reports of the Islamabad Capital Territory (ICT), Intelligence Bureau (IB) and the Inter-Services Intelligence (ISI) to PTI leaders.

These reports were furnished before the court in response to its earlier direction to explain at what point PTI Chairman Khan had asked his party workers to reach D-Chowk, contrary to the court directions to hold the rally at H-9/G-9 ground.

While citing the May 25 and 26 orders as well as relying on the reports of IB, ISI and ICT, the AAG had tried to establish that PTI leaders, including Imran Khan, Shireen Mazari, Fawad Chaudhry, Sadaqat Abbasi, Azam Swati and others, announced and tweeted, suggesting their supporters reach D-Chowk much after the issuance of the apex court order on May 25 to remain confined to the designated ground.

The PTI was required to deposit its replies in light of the material and allegations levelled by the AAG before Oct 31 after which the case would be fixed for hearing in the first week of November.

During the hearing, Justice Afridi asked the AAG to consider withdrawing the second petition seeking a restraining order against Mr Khan because of legal complications in view of its maintainability. The AAG sought time to seek instructions from the government.

However, the court asked the AAG to approach it again in case of any urgency or live situation.

AAG Rehman explained the PTI intended to dislodge the government. The CJP, however, suggested the government engage and communicate with them since the court could not hold its pen as a stick, but in case of a violation it could convert the pen into a stick.

The AAG pleaded the government had already imposed Section 144, but that would cause inconvenience to the people, therefore the court should consider at least issuing notices to the respondents.

Earlier, AAG Rehman while citing the three reports tried to establish that on May 25, PTI supporters rushed directly towards D-Chowk on PTI Chairman Khan’s directions. All three reports categorically stated a violation of the apex court’s directions and undertaking given on behalf of Imran Khan, and that the rally was called off on May 25 at the Jinnah Avenue, four kilometres further from the H-9/G-9 ground.

Published in Dawn, October 27th, 2022