ISLAMABAD: The Supreme Court expected that the Inquiry Commission proposed to probe the factors for not implementing the Faizabad dharna judgment “will consider” why the review petitions against it were filed and later on withdrawn.
“We expect the commission which is proposed to be constituted will consider why the same and other review petitions/ applications were filed and if it was coincidental, or was done pursuant to being instructed from the same source,” said the court’s order.
A three-judge bench, headed by Chief Justice Qazi Faez Isa, and comprising Justice Aminuddin Khan and Justice Athar Minallah will resume the hearing of the review petitions on Faizabad dharna tomorrow (Wednesday).
Attorney General for Pakistan Usman Mansoor Awan in the last hearing had informed that a three-member committee comprising the Additional Secretary-I, Ministry of Defence, Additional Secretary, Ministry of Interior and Director, Inter-Services Intelligence has been constituted to conduct an inquiry with regard to the matters mentioned in the (Faizabad dharna) judgment.
However, when the bench questioned under which law the Committee has been formed he then stated that since the federal government accepts the judgment, and wants to implement it, he will be recommending to the federal government to constitute a commission under the Pakistan Commissions of Inquiry Act, 2017, and sought an adjournment to constitute such commission and place before the Court requisite notification.
The bench dismissed the review petitions of the Ministry of Defence, Intelligence Bureau, Pakistan Electronic Media Regulatory Authority (PEMRA), Pakistan Tehreek-e-Insaf (PTI), Muttahida Quami Movement, and the Election Commission of Pakistan (ECP).
While dismissing the PEMRA’s review petition, the court observed; “There was no justification for its filing, as it was filed to contravene the PEMRA Ordinance and because it was apparently filed for ulterior reasons.”
About PTI, it noted that the party had also filed the review petition against the “dharna judgment” on 11 March 2019 to become a party, but upon reflection, PTI has realised that the judgment dated 06 February 2019 is in accordance with the law.
The court said regrettably, MQM could give no explanation why it first decided to become a party and sought a review of the judgment and then elected to withdraw the application.
On ECP’s decision to withdraw the review petition, the court stated; “To file such a frivolous application, and filing it raises serious questions on who was managing the affairs of ECP, and whether, in complete derogation of its statute, the reins of ECP were handed over to an outsider.”
Copyright Business Recorder, 2023