• AGP seeks court’s nod for filing committee’s report
• Rashid denies any connection with TLP

ISLAMABAD: The federal government on Friday informed the Supreme Court that it has constituted a three-member special fact-finding committee to ensure compliance with directions included in the Feb 6, 2019 judgement announced against the 20-day Faizabad sit-in staged by the Tehreek-i-Labbaik Pakistan (TLP) in 2017.

A three-page application moved by Attorney General for Pakistan (AGP) Mansoor Usman Awan sought approval from the Supreme Court for filing the committee’s report after the body completed its task.

The fact-finding committee — comprising additional secretaries of the ministries of defence, interior and the Inter-Services Intelligence (ISI) — already held its first meeting on Oct 26 and expects to furnish its final report to the defence ministry by Dec 1.

Headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, a three-judge SC bench will take up on Nov 1 a set of nine review petitions in which the petitioners have expressed willingness to withdraw their challenge to the ruling.

The committee has been tasked with conducting an inquiry and fixing responsibility as per the proposed terms of reference suggesting collection, examining and reviewing all documents, record and evidence behind the holding of the sit-in.

The committee is also required to record the statement of witnesses, asses the matter in light of laws, regulations and policies, and determine the role/directions of all concerned relating to the management and handling of the matter.

After compiling all the record and evidence, the committee will furnish the report with recommendations. If needed, it will seek further time from the defence ministry for furnishing of the report.

SC directions

The apex court in its judgement had issued 17 directions emphasising that since the Constitution emphatically prohibits members of the armed forces from engaging in any political activity, the government through the defence ministry and the respective chiefs of the army, the navy and the air force will initiate action against the personnel who were found to have violated their oath.

The apex court had also directed that police and other law enforcement agencies should develop standard plans and procedure with regard to how best to handle rallies, protests and dharnas and ensure that such plans/procedures are flexible enough to attend to different situations.

It was clarified that though making of such plans/procedures was not within the jurisdiction of Supreme Court, it expects that in the maintenance of law and order every effort would be made to avoid causing injury and loss of life.

The court had also ordered the federal and provincial governments to monitor those advocating hate, extremism and terrorism, and prosecute the perpetrators in accordance with law. Also, the intelligence agencies, including ISI, Intelligence Bureau and Military Intelligence, besides Inter-Services Public Relations must not exceed their mandates and, therefore, cannot curtail the freedom of speech and expression and did not have the authority to interfere with broadcasts and publications, in the management of broadcasters/publishers and the distribution of newspapers. Intelligence agencies should also monitor activities of all those who threaten the country’s territorial integrity and who undermine the security of people and the state by resorting to or inciting violence.

When the state failed to prosecute those at the highest echelons of government, who were responsible for the murder and attempted murder of citizens in Karachi on May 12, 2007, it set a bad precedent and encouraged others to resort to violence to achieve their agendas, the judgement had said.

Meanwhile, former information minister Sheikh Rashid Ahmed also furnished a one-page statement, pointing out that the “adverse observation” made in the judgement against him was based on reports submitted by an intelligence agency. However, the petitioner refuted the said information and any connection with the TLP or participation in the sit-in.

He also sought approval from the court to withdraw his petition since no adverse order was passed against the petitioner in pursuance of passing remarks observed in the Feb 6, 2019 judgement.

On Thursday, the ECP had taken the stand that TLP was not involved in any anti-state activities or terrorism.

Published in Dawn, October 28th, 2023