The Supreme Court of Pakistan Wednesday rejected the government’s fact-finding committee while Chief Justice Qazi Faez Isa remarked that the top court wanted to know who was the mastermind of the sit-in.
During the hearing today, the court ordered the Attorney-General for Pakistan, Mansoor Usman Awan, to form a new inquiry commission soon about the implementation of the apex court verdict in the Faizabad sit-in case.
The fact-finding committee was constituted by the government, on Friday, to investigate the “role and directions” of all “concerned” officials in the management and handling of the sit-in in 2017.
Chief Justice Qazi Faez Isa said the apex court wanted to know who was behind the Faizabad sit-in.
“We want to know who was the mastermind of the Faizabad sit-in,” he remarked, expressing annoyance over the decision not being implemented since its issuance on February 6, 2019.
At the outset of the hearing today, Attorney General for Pakistan (AGP) Mansoor Usman Awan read out the order of the previous hearing.
Subsequently, the top judge asked if Absar Alam was present in court. “We were told that he is on the way,” AGP Awan replied.
CJP Isa noted that the former Pemra chairman had levelled “serious allegations” on the defence ministry and inquired if the government still wanted to withdraw its review petition.
“If Absar Alam’s accusations are true, then this matter is linked to you,” he told the AGP.
For his part, Awan said a fact-finding committee had been constituted on Oct 19 and then read out the notification regarding the same. On Justice Isa’s question regarding who the committee would report to, the AGP said it would submit the findings to the defence ministry.
“The report will then be presented in the SC,” he added.
However, the chief justice highlighted that the exercise was an “eyewash” and the “real thing” was missing from it. “When everyone is withdrawing their review petitions, the terms of reference of the committee are synonymous to dust in the eyes.”
At one point, Justice Minallah asked whether what was happening in the country today was as per the Constitution while CJP Isa said the government was not qualified to handle the matter.
“A person is imported from abroad and paralyzes the entire country,” the top judge remarked.
He further stated that the court wanted to know who was the mastermind of the Faizabad dharna. “You have broadened the TORs so much that everyone will be acquitted,” Justice Isa said, lamenting that losses in billions were incurred but the government does not care.
He also highlighted that the TORs of the fact-finding committee did not mention the exact incident being probed. “Our job is to order and your job is to implement,” the chief justice said.
Meanwhile, Justice Minallah asked who had constituted the committee to which the AGP 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?” the judge asked. Here, Justice Isa said 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 then proceeded to ask 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 chief justice pointed out. “No one will appear before your committee,” he told the AGP.
At that, Awan assured the court that the government would work on the matter.
Justice Minallah emphasised 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 further 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.
“As per Absar Alam’s statement, all institutions, including the Election Commission of Pakistan (ECP), are not independent,” the CJP said.
“Can someone go to Canada and return to Pakistan after rioting?” Justice Isa asked. It is not clear who the chief justice is referring to, but Canada-based Tahirul Qadri was a central figure in PTI Chairman Imran Khan’s dharna in 2014.
“Is this right only for those who come from Canada? Who brought them? Now that you have returned to Canada, tell us … has the work you came for been completed?
“Islam is the religion of peace, they are also defaming Islam,” the CJP pointed out, adding that there was no place for rioting in Islam.
Here, Justice Minallah said the Faizabad verdict was a “landmark judgment”. On the other hand, the CJP called it a “simple order”, recalling that the government at that time, good or bad, was elected by the public.
The SC bench then rejected the fact-finding committee constituted by the government and directed it to form another committee to probe those responsible for the Faizabad sit-in.
