SC seeks report on implementation of Faizabad sit-in case

Islamabad: Chief Justice of Pakistan (CJP) Qazi Faez Isa Thursday raised a question regarding non-implementation of the decision of Faizabad sit-in review case saying that why the decision of the case was not implemented and why is everyone so scared.

According to details, a three-member bench headed by CJP Qazi Faez Isa comprising Justice Athar Minullah and Justice Aminuddin Khan heard the Faizabad sit-in review case in the Supreme Court.

However, before that, the parties withdrew the revision petitions.

After Pakistan Electronic Media Regulatory Authority (PEMRA) and the Intelligence Bureau (IB), now the federal government has also decided to withdraw the review petition, which was confirmed by the Attorney General.

The federation had filed a review petition through the Ministry of Defense, but now Attorney General Usman Mansoor Awan said that the Faizabad sit-in is withdrawing the review petition.

During the hearing in the Supreme Court, the Attorney General said: “The Federation does not want to defend in this case,” on this the Chief Justice asked why they want to withdraw the case now? There are mistakes in the earlier said decision, now give the reasons for withdrawing it.

On this, the Attorney General replied that when the revision appeal was filed, the government was different at that time. The Chief Justice asked why you did not file a written appeal. Attorney General replied: ‘I am giving my statement’.

During the hearing, PEMRA’s lawyer Hafiz Ehsan also told the court that he was also withdrawing the review appeal. On which the Chief Justice asked, on whose instructions are they withdrawing?

Justice Qazi Faez Isa stated: “First I want to clarify some things, this is a regular bench and not a special bench, revision petitions are fixed immediately, but they have not been fixed for four years, one of the judges who gave the decision has retired, therefore the case was not presented before that bench”.

During the hearing, Pakistan Tehreek-e-Insaf (PTI) also requested to withdraw the petition and lawyer Ali Zafar said: “We do not want to follow PTI's appeal”. On this, the Chief Justice asked Ali Zafar that do you have the authority to withdraw the application. If you want to be a party then the court will allow you. Ali Zafar replied: “No we don't want to be a party in this case”.

Chief Justice Qazi Faez raised questions related to the implementation of the Faizabad sit-in decision during the hearing.

He added that earlier it was said that the decision was full of errors, now have the errors in the decision been eliminated? Is there any reason to withdraw revision applications? Those who have been in the authority make speeches on TV and YouTube. It is said that we are not heard, now we are sitting to listen, come and tell us, we keep these requests pending, if someone has something to say, say it in writing.

You can make a long program but don't destroy every institution. Here you are silent and will say on air that you were not heard. We will keep the PEMRA’s appeal pending, no one should say in the future that we were not heard. The question arises that why was the Faizabad dharna case decision not implemented? Why everyone so scared is, added the Chief Justice.

Qazi Faez said that fine should be imposed on the Attorney General for these frivolous applications.

During the hearing, Election Commission's lawyer Qamar Afzal said that they are withdrawing the review.

On which the Chief Justice questioned whether the Election Commission was right then or is it now? Was there a conductor who was doing it all? Who asked Election Commission then to file a review? Everyone in the orchestra plays music and gives commands with a baton in front. Was the Election Commission being controlled then, is it happening now or has it always been happening?

Justice Qazi Isa remarked that what is happening in Pakistan, does not happen in the whole world.

In Pakistan, it is said that ‘order comes from above’. God forbid here someone else’s order come from above not Allah’s. Prophet Muhammad also forbade lying, confess what happened first. The punishment will be decided later. Admit that the Election Commission was handed over to a single person at that time, today it has become independent. If you dare, who was controlling everything then, the whole of Pakistan was frozen, the late Khadim Rizvi admitted, you people can't even reach there, who are you afraid of? It is not the one above, who are you afraid of? If you are going to give speeches on TV, tell the truth to the court, continued the Chief Justice of Pakistan.

He further said: “Tell me what the matter was at the end of 2017?” On this, the Attorney General replied that your decision is stating all the facts. On this the Chief Justice said that when the decision is correct, why did you come for review? What was the flaw in the judgment then and is not now?

Justice Qazi Faez Isa said that 55 people died in Karachi, no action was taken. Hazrat Umar said that if even a dog dies of hunger on the bank of the river, I am responsible.

The Chief Justice further stated that the power of the group has not been negated. It is still dominant today, we have not learned the lesson, why don't those who wanted democracy come back from Canada? There is no debate in Parliament. The Islamic Republic of Pakistan does not even admit mistakes, everyone should be held accountable, including me. No one should be denied accountability.

He further added that why the Attorney General didn't raise the question that why the review appeals should not be filed first? It is not right to say new government or old government, the government remains the government whatever the party. Supreme Court also remains, no matter who the judge is.

Justice Qazi Faez also said that they will not allow the courts to be used for your own purposes. After this sit-in, many other similar incidents came to light. In verse 19 of Surah Touba, it is said to support the truthful people. You have accepted the verdict as true today, now your test is whether you support or not.

It has to be seen whether this case can be broadcast live or not, added chief justice. On this, the Attorney General said that he heard that public enjoyed the live broadcast of the Supreme Court more than the Pakistan-India match. The Chief Justice replied that Justice should be done.

Meanwhile, the Attorney General assured the Supreme Court to implement the Faizabad dharna case decision saying that the decision of the case will be implemented but the court should give time.

Later, the court adjourned the hearing on the revision petitions to November 1 and directed the parties to submit their responses by October 27.

It is pertinent to note that PTI, Election Commission, Ejaz-ul-Haq and Mutahidda Qoumi Movement (MQM) have filed revision petitions against Faizabad dharna decision, while Sheikh Rasheed's lawyer has filed a request for adjournment in the case.