CJP Qazi Faez Isa says govt’s fact-finding panel empowered to summon former PM, ex-COAS, then-CJP in Faizabad sit-in case

ISLAMABAD, Nov 15 (SABAH): Chief Justice of Pakistan Justice Qazi Faez Isa on Wednesday said the government’s newly formed fact-finding commission, tasked with probing the 2017 sit-in by Tehreek-i-Labbaik Pakistan (TLP) at Faizabad, was empowered to summon the former prime minister, ex-army chief and then-CJP for investigation. The court while granting two-month time to complete the inquiry has adjourned further hearing of the case till 22nd January 2024.

“The commission can call anyone for investigation … no one is exempt,” he stated. Chief justice said that if anyone is summoned by the commission and he did not appear then the commission could issue arrest warrants for ensuring his appearance before the commission.

The top judge’s remarks come as a three-member Supreme Court bench took up a set of review petitions filed against the SC’s 2019 judgment in the Faizabad dharna case. The bench, headed by Justice Isa, comprises Justice Aminuddin Khan and Justice Athar Minallah.

Authored by Justice Isa years before he took oath as the chief justice, the searing judgment had instructed the defence ministry and the tri-services chiefs to penalise personnel under their command who were found to have violated their oath.

It had also directed the federal government to monitor those advocating hate, extremism and terrorism and prosecute them in accordance with the law.

Adverse observations were also made against several government departments for causing inconvenience to the public as the 20-day sit-in paralysed life in both Islamabad and Rawalpindi.

Pleas were subsequently moved against the verdict by the Ministry of Defence, the Intelligence Bureau, the PTI, PEMRA, the Election Commission of Pakistan (ECP), the Mutta­hida Qaumi Movement (MQM), AML chief Sheikh Rashid and Ijazul Haq.

However, most of the petitioners withdrew their pleas, prompting the CJP to ask “why is everyone so afraid to speak the truth”.

During the previous hearing, former PEMRA chief Absar Alam Haider had made revelations on the interference of intelligence agencies and “media coercion” during the Faizabad sit-in.

In an order issued on the petitions earlier this week, the SC had stated that it expects the government to finalise the fact-finding probe on the sit-in within the specified time frame. It had also granted ECP a month to prepare and submit a report on the TLP and its funding.

During Wednesday’s proceedings, Attorney General for Pakistan (AGP) Barrister Mansoor Usman Awan informed the apex court that the federal government had formed a new fact-finding commission to probe the sit-in.

According to the notification, the commission will be headed by former KP inspector general of police Akhtar Ali Shah, and consists of ex-IGP Islamabad Tahir Alam Khan, and Interior Ministry Additional Secretary Khushal Khan.

The notification also contains the terms of reference (TORs) of the commission which stated that the commission will submit the report on the matter within two months of its establishment. “The inquiry commission will probe illegal financiers of the Tehreek-e-Labaik Pakistan (TLP),” the notification read. It added that the commission will recommend action against those who issued statements in favour of the sit-in. It will submit its findings in a report to the federal government within two months.

At the outset of the hearing, the court dismissed Sheikh Rashid Ahmed’s review petition after the Awami Muslim League chief appeared before the bench along with his lawyer Sardar Abdul Razaq Advocate and said he wanted to withdraw his appeal.

Addressing the former minister, the top judge asked why Sheikh Rashid had filed a petition when he wanted to withdraw it later. This case was stuck in a limbo for four years, the CJP remarked.

The AML chief’s counsel said there were some “misunderstandings”. Here, Justice Isa stated that petitions could not be filed on the “orders coming from above”, adding that “everyone knows the truth but no one is courageous to say it out loud”.

For his part, Sheikh Rashid’s counsel said it had become difficult to speak the truth these days and clarified that no one had forced him to file the review petition.

“This is not a joke that you will file petitions whenever you want to and withdraw them whenever you wish to,” the chief justice interjected. At the same time, he continued, the question also arises why the appeals were not fixed in such a long time.

“Was the Supreme Court being controlled by forces outside the court at that time?” Justice Isa asked. “First and foremost, we are to be held accountable.”

Subsequently, AGP Awan came to the rostrum and submitted the notification pertaining to the freshly formed fact-finding committee.

Here, CJP pointed out that ministers and MNAs who were in power when the sit-in took place were responsible. “If you called for arson and chaos, stand by it. Say you supported it,” he remarked.

At that, Sheikh Rashid started making his way to the rostrum but he was stopped by Justice Isa. “We are talking to your lawyer not you,” he said. Meanwhile, Justice Minallah noted that Sheikh Rashid was a respectable parliamentarian and clarified that the court did not pass any remarks on him.

The CJP commented on the notification, noting concerns about the inclusion of currently serving individuals in the commission, as their ongoing service could be impacted.

On the other hand, Justice Minallah said every institution should perform its own duties. “Don’t make us do what was done at one time by using powers under Article 184 [of the Constitution],” he stated.

Justice Isa then said the court could not doubt the commission beforehand and subsequently dictated the order of the day.

He said the AGP had told the SC that an addition would be made in the TORs of the fact-finding commission to determine if review petitions against the Faizabad dharna were instructions or a coincidence.

The commission, Justice Isa continued, would be empowered to call anyone for investigation and no one would be exempted. It is also empowered to call the names taken by Absar Alam, the ex-prime minister, ex-army chief and the former chief justice, he said.

“We will now hear this case after two months,” he added and adjourned the hearing.

CJP Isa expressed hope that the newly formed commission will live up to the expectations of the nation. “The commission will either throw dust in [our] eyes or it will write a new history; we hope the inquiry commission will conduct an independent and transparent investigation,” the CJP remarked.