Supreme Court adjourns hearing on pleas against Faizabad sit-in verdict till Nov 1

The Supreme Court (SC) on Thursday adjourned till November 1 the hearing on petitions challenging the court’s verdict on a sit-in by the Tehreek-i-Labbaik Pakistan (TLP) at Faizabad in Islamabad, Aaj News reported.

A three-member bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Athar Minallah and Justice Aminuddin Khan heard a set of pleas.

It may be noted that the Pakistan Electronic Media Regulatory Authority (Pemra) and the the Intelligence Bureau (IB) have recently withdrawn their pleas against the verdict.

The government also reportedly approached the SC today to withdraw its review petition.

“There is no specific reason. We only want to withdraw the review petition,” Attorney General for Pakistan (AGP) Mansoor Usman Awan said on his appearance as the government’s counsel during the hearing.

The Pakistan Tehreek-e-Insaf (PTI) and Ijazul Haq also approached the SC to request withdrawal of their petitions.

Another petitioner, the Muttahida Qaumi Movement (MQM), did not send its counsel in today’s hearing.

Irked by multiple withdrawal requests, CJP said, “It was said there were mistakes in the verdict. Now, at least tell the reasons for withdrawing the petitions.”

Justice Isa expressed annoyance over non-implementation of the verdict against the Faizabad sit-in.

He announced the verdict back in 2019.

It is pertinent to mention that the review petitions were not taken up during the tenures of the last three chief justices, namely, Asif Saeed Khosa, Gulzar Ahmed, and Umar Ata Bandial.

Faizabad ‘Dharna’

In November 2017, political parties including Tehreek-i-Labaik Ya Rasool Allah (TLY) protested and held a sit-in for nearly three weeks at Islamabad’s Faizabad Interchange.

They were protesting against a reversed change in the Khatm-i-Nabuwwat oath in the Elections Act 2017. The protesters demanded the resignation of then Federal Law Minister Zahid Hamid.

Authorities seal Islamabad, Pindi to stop TLP ’s march

In order to disperse the huge number of protesters, Islamabad police, with the help of Frontier Corps personnel and Rangers, launched an operation and used tear gas shells and rubber bullets. In retaliation, the protesters resorted to throwing stones at the security forces. Several people were injured while at least six people were killed during the clash.

The protest came to an end after the protesting parties and government reached an agreement. One of the agreement included the resignation of Hamid, which he later tendered.

The verdict

Justice Isa, in his 2019 Faizabad dharna judgment, has written that the Constitution emphatically prohibited members of the armed forces from engaging in any kind of political activity, which included supporting a political party, faction or individual.

“The government of Pakistan through the Ministry of Defence and the respective chiefs of the army, the navy and the air force are directed to initiate action against the personnel under their command who are found to have violated their oath,” read the 43-page verdict authored by the incumbent CJP Isa.

Faizabad sit-in verdict: SC says anyone whose fatwas harms others must be prosecuted

He stated that no one, including any government, department or intelligence agency, could curtail the fundamental right of freedom of speech, expression and press beyond the parameters mentioned in Article 19 of the Constitution.

“Pakistan is governed by the Constitution … obedience to the Constitution and the law is the inviolable obligation of every citizen wherever he may be and of every other person for the time being in Pakistan,” he wrote in the verdict.