ISLAMABAD: The Supreme Court’s constitutional bench on Wednesday ignored a request of the Khyber Pakhtunkhwa (KP) government to take suo motu notice of the casualties during the PTI’s ‘do-or-die protest’ in the federal capital.

It was during the hearing of a petition regarding existential threat posed by climate change to the country that KP’s additional advocate general made an earnest request to the apex court to take immediate notice of the reported casualties on both sides which he said fell within the constitutional bench’s purview.

However, Justice Aminuddin Khan, who was heading the bench, observed the court could not take cognisance of a case which was not before it. Justice Musarrat Hilali rebuked the provincial law officer, asking him not to bring a political matter before the SC during the proceedings.

Similarly, Justice Jamal Khan Mandokhail said since the matter was not before the court, the bench had no intention of discussing it.

Subsequently, the constitutional bench rejected the request made by the law officer via video link.

The petition was originally instituted by the Public Interest Law Association of Pakistan through Advocate Syed Faisal Hussain Naqvi. While Justice Syed Mansoor Ali Shah-led bench initially heard the matter, it was referred to the constitutional bench.

On the other hand, Supreme Court Bar Association (SCBA) president Mian Mohammad Rauf Atta demanded a judicial inquiry into the loss of lives during the protest and that both Interior Minister Mohsin Naqvi and KP Chief Minister Ali Amin Khan Gandapur step down.

He said CM Gandapur, who was leading the so-called long march, had repeatedly attempted to assault the federation and appeared to be more motivated in disenfranchising the country and the province he governs than addressing the serious law and order situation in KP. “He is the epitome of catastrophe; he is pitilessly draining governmental resources to fulfil unlawful and unconstitutional whims while his own province is in turmoil,” the SCBA president regretted.

Mr Atta recalled that in the previous press statement, he had anticipated that the ground situation was imminent to be turned into carnage and strongly suggested both sides hold dialogue and reconciliation.

“We understand that numerous lives on both sides, i.e. of law enforcement personnel and civilians, have suffered losses,” he said, adding the association demand a judicial inquiry into this matter without any delay.

“A loss of single life alone holds immense importance and cannot be reverted. Our hearts go out to the families of those who lost their loved ones,” he said.

At the same time, the SCBA president said, the association also demanded that Interior Minister Mohsin Naqvi immediately step down from the position.

He said the minister had “deliberately disregarded the very constitutional and democratic right” of the protesters.

He said it was as clear as broad daylight that use of such brutal and coercive force was made on the orders of the interior minister who “clearly operated with a dictatorial mindset and mishandled” the entire situation.

The SCBA president said one could understand the minister was not an elected public representative rather “selected” by powers that be. “We are of the clear view that if some political figure had handled the situation, casualties could have been avoided by way of talks and negotiations,” he said, adding the association called upon the federal government to immediately replace interior minister Mohsin Naqvi and appoint a public representative to hold the portfolio.

The SCBA president said the association had always stood for the rule of law, protection of fundamental human rights, and civilian supremacy. In doing so, he said, he categorically underscored the bar association could not turn a blind eye to the “brutal and reprehensible handling” of the civilians protesting in the federal capital by the law enforcement agencies, which resulted in loss of lives and left dozens severely injured. The number of casualties is still on the rise as per media reports, according to the SCBA president.

“We note with grave concern that bullets were directly fired on armless protesters,” he regretted. This was heavily supported with undeniable facts in light of reports on the mainstream media and those received from the ground, he said, adding those killed as a result of the brutality were citizens of this country. Nevertheless, he said, such brutality sent a wrong message to democratic societies on an international level.

Published in Dawn, November 28th, 2024