Supreme Court adjourns hearing on Faizabad strike as government constitutes new inquiry commission

“The commission will either bite the dust [our] Eyes otherwise it will write a new history,” says CJP Isa

In this undated photo, a policeman walks past the Supreme Court building in Islamabad - AFP/File
In this undated photo, a policeman walks past the Supreme Court building in Islamabad – AFP/File
  • CJP Isa is hopeful that the commission will live up to the expectations.
  • Three-member commission headed by former IG Akhtar Ali Shah.
  • The commission will recommend action against those involved in the protest.

ISLAMABAD: The Supreme Court on Wednesday adjourned the hearing of the Faizabad sit-in review case till January 22, 2024, after the apex court was told that a new inquiry commission has been constituted to investigate the Faizabad sit-in.

A three-member bench headed by Chief Justice Qazi Faiz Isa and comprising Justice Aminuddin Khan and Justice Athar Minallah heard the case.

During the hearing of the case, CJP Isa expressed hope that the newly constituted commission will live up to the expectations of the country.

“The commission will either bite the dust [our] Otherwise the eyes will write a new history; We hope that the commission of inquiry will conduct an independent and transparent investigation,” the CJP commented.

During the last hearing of the case on 1 November, the CJP-led bench rejected the government’s preliminary fact-finding committee, and asked Attorney-General of Pakistan (AGP) Mansoor Usman Awan to set up a new inquiry commission to ensure the implementation of Ordered to make. Supreme Court’s decision in the Faizabad protest case.

In the hearing today, AGP Awan presented before the court the notification of reconstitution of a three-member inquiry commission to look into the implementation of the verdict in the Faizabad strike case.

The federal government formed a new inquiry commission hours before it was to be presented before the apex court.

According to the notification, the commission will be headed by former KP Inspector General of Police Akhtar Ali Shah, and includes former IG Tahir Alam and additional secretary of the interior ministry Khushal Khan.

The notification also includes the terms of reference (ToR) of the commission, which states that the commission will submit a report on the matter within two months of its establishment.

“The inquiry commission will investigate the illegal financiers of Tehreek-e-Labaik Pakistan (TLP),” the notification said.

It said that the commission will recommend action against those who issued statements in favor of the strike.

Faizabad strike legal saga

This legal saga began on April 15, 2019, when the then federal government, the Defense Ministry, Intelligence Bureau, Pakistan Tehreek-e-Insaf (PTI) government, along with entities like Awami Muslim League (AML) chief Sheikh Rashid Ahmed, Muttahida Qaumi Movement (MQM) and Pakistan Electronic Media Regulatory Authority (Pemra) among others filed review petitions challenging the apex court’s verdict delivered by sitting CJP Isa in connection with the Faizabad protest case.

Earlier on February 6, 2019, a two-member bench of the apex court, now comprising CJP Isa and Justice Musheer Alam, had recommended that there be no provision for issuing a fatwa or a fatwa for causing harm to another person or causing harm to another person. Those people should be dealt with. Strict action was taken and prosecution was conducted under relevant laws.

It also ruled that intelligence agencies should not exceed their respective mandates. Later, the bench disposed of the suo motu case regarding the 2017 Faizabad sit-in by TLP.

The 43-page judgment issued by a two-judge bench and published on the apex court’s website said: “Every citizen and political party has the right to assemble and protest, provided that such assembly and protest is peaceful and without reasonable restrictions. The imposing law should be complied with.” Interest of public order. The right to assemble and protest is limited only to the extent that it violates the fundamental rights of others, including their right to free movement and to keep and enjoy property.”

In November 2017, the apex court took suo motu cognizance of a three-week-long strike that was organized against the change in the Prophet’s final oath, which it termed a clerical error when the government passed it . Election Act 2017.

The protest was ended after the protesters reached an agreement with the government.

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