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ISLAMABAD: The Islamabad High Court (IHC), on Friday, sought reports from the secretary interior and the Pakistan Electronic Media Regulatory Authority (Pemra) chairman in a writ petition challenging the armed operation against the protestors of banned Tehreek-e-Labbaik Pakistan (TLP).

A single bench of Justice Aamer Farooq heard the petition moved by Shohada Foundation of Pakistan filed through its trustee Hafiz Ihtesham Ahmed.

The petitioner has sought direction to the secretary Ministry of Interior and the chairman Pemra to refrain from using force against the TLP protesters and also to appoint a Judicial Commission to probe into the brutalities by law enforcing agencies.

During the hearing, the counsel for the petitioner contended that members of TLP are carrying out peaceful processions; however, due to unnecessary force used against them, many deaths have resulted.

It was contended that under the law, it is the lawful duty of the federal government to pay “Diyyat”/ compensation for unlawful deaths caused by it.

The counsel also pointed out that there is a media blackout with respect to the procession on the orders of respondent chairman Pemra.

After hearing the arguments, the court sought reports from the respondents and adjourned the hearing until November 2.

Shohada Foundation through advocate Tariq Asad advocate had filed the petition and cited federation through secretary, Ministry of Interior, Prime Minister through his principal secretary, Federal Minister of Interior Sheikh Rashid, and the Pemra through its chairman as respondents.

He stated that the petition was moved for an interpretation and application of Article 245 in the specific circumstances of operation against TLP, killing over 27 persons brutally, in the light of judgment of this court.

He added that the petition is motivated by the conviction that the fundamental rights of the citizens of Pakistan as embodied in Articles 2-A, 4, 8, 9, 14, 15, 16, 18, 19, 20 and 22 have been grossly violated by the respondents.

The petition read, the brutal armed operation having been done under the instructions of the competent authority/Prime Minister/respondent No.2, by Law Enforcing Agencies, entirely unwarranted by law of the land be declared without lawful authority and unconstitutional being in abuse of powers and excess of jurisdiction in violation of Article 245 of the Constitution as held in Liaqat Ali case, supra and law of the land and those who are responsible to maneuver the said illegal armed operation clandestinely and arbitrarily be dealt with in accordance with law.

It prayed that a Judicial Commission comprising retired Supreme Court judges and ulemas/ religious scholars of credibility and integrity be constituted to hold enquiry of the tragic incident of armed forces against TLP followers in order to disclose the whole facts and to place the responsibility of this tragic event.

The petitioner further requested the court to direct the competent authority to take disciplinary action against respondent No 4, who failed to perform his duty by censoring the event unlawfully and directing the TV channels to give unilateral information against the TLP followers concealing their death toll and giving false information about the deaths of police officials in favour of the government and failing to decide the matter earliest possible to save the lives of innocent citizens.

He also requested to direct the respondents No 1 to 3 to quash the FIRs against the arrested persons in an unlawful manner.

Copyright Business Recorder, 2021

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