CJP rejects Faizabad sit-in probe report

Justice Isa says commission was not even aware of its responsibility

ISLAMABAD   -   Supreme Court of Pakistan Monday expressed dissatisfaction with the report submitted by an inquiry commission formed to investigate the Tehreek-i-Labbaik Pakistan’s 2017 Faizabad sit-in, giving remarks that the probe body was not even aware of its responsibility.

A three-member bench of the apex court headed by Chief Justice Qazi Faez Isa and comprising Justice Irfan Saadat and Justice Naeem Afghan conducted hearing of the implementation of Faizabad dharna judgment. The proceedings were broadcast live on the Supreme Court website and YouTube channel.

During the hearing, the Chief Justice expressed his dismay at the report compiled and submitted by the commission. “I cannot comprehend what level of mind prepared this report. The commission does not even know what its responsibility was,” he remarked.

Justice Faez inquired whether the AGP had seen the report submitted by the Election Commission of Pakistan (ECP), to which the latter replied in the negative. The Chief Justice then directed the AGP to review the ECP report and gave a break in the hearing.

After the hearing resumed, Justice Isa expressed his indignation over the report. The attorney general recalled that Gen (retd) Faiz Hameed had told the commission that it was not the Inter-Services Intelligence’s (ISI) responsibility to look into financial support of terrorists.

“If it’s not their responsibility then whose responsibility is it?” Justice Isa retorted. He questioned what kind of report the commission had made and inquired where the rest of its members were.

While scrutinizing the report, CJP Isa pointed out that one paragraph said it was not the ISI’s responsibility, while another paragraph said no evidence was found of TLP being financially assisted.

Justice Isa asked the AGP to reflect on how much loss the country had suffered because of the Faizabad sit-in. “Kill, vandalise and leave; what method is this?”

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

In an order issued on the petitions in November, 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 one month to prepare and submit a report on the TLP and its funding.

The commission, led by retired IG Syed Akhtar Ali Shah and also comprising former Islamabad police chief Tahir Alam Khan and additional interior secretary Khushal Khan, was constituted to ensure compliance with the 2019 SC judgment against the 20-day TLP sit-in.

Formed to investigate the causes and subsequent events leading to the omission and commission of acts not in accordance with the law, the body had suggested legislation.

It also proposed drafting rules and SOPs to regulate the working of intelligence agencies since the involvement of the army or its affiliated agency in civilian matters adversely affected the fair image of the institution.

“Army is a sacred arm of the state, therefore, to avoid criticism, the institution may not be involved in public matters. This task may be assigned to [the Intelligence Bureau] and civil administration,” it said.

The commission also suggested against using the paramilitary Rangers and Frontier Constabulary (FC) in urban areas and asked for a zero-tolerance policy for violent extremism. It also criticised past agreements with militant groups as a temporary fix that did not work.

It also said that since no one from the then-premier, former law and interior ministers, and the former Punjab chief minister had accused intelligence agencies of facilitating the protesters, nor was any evidence furnished to this effect, the commission could not connect any organisation or state official with the TLP sit-in.

Later, the bench adjourned the hearing of the case for two weeks.

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