IHC moved to make report public on who used COAS' name in 'Faizabad agreement'

The report was submitted in the court in February

ISLAMABAD: A lawyer has requested the Islamabad High Court to order the release of the Ministry of Defence’s enquiry report fixing liability on the person who used the COAS’s name in the agreement between the leadership of the Faizabad sit-in protesters and the federal government.

Interestingly, the petitioner has mentioned the oath for the members of the armed forces, which states that the officials will not engage in any political activity whatsoever and violations may attract charges up to the level of high treason.

Petitioner Rana Abdul Qayyum, through his counsel Colonel (retd) Inamul Rahiem, has filed the application in the IHC, saying the petitioner is entitled to a copy of the report as a party to the case, as well as the fact that the report is “a public document.”

Justice Shaukat Aziz Siddiqui had directed the defence secretary to hold an inquiry in order to post liability on the person “who used the name of COAS in the impugned agreement between the Faizabad dharna leadership and the federal government, facilitated by the army”.

The secretary had submitted the report after the court’s repeated orders on November 11, 24, 27 and December 1, 2018, directing him to submit it.



The petitioner has prayed the court to direct the office to provide a certified copy of the report. The application was filed after the IHC’s copy branch declined to provide a copy of the report without providing any reason.

The court will take up the application on March 13 (today).

In the application, Rahiem stated that the petition is a sequel to the earlier petition wherein he invoked the court’s jurisdiction for initiating and adopting legal proceedings against the planners, abettors, conspirators, executioners, facilitators and their agents involved in the unconstitutional acts beyond their mandate as envisaged and provided in the constitution.

Inam stated that the constitution has not provided any indemnity to the acts and actions of the armed forces of Pakistan, being a subordinate department of the Ministry of Defence. In addition, he said that every member of the armed forces has to take an oath at the time of joining the service given in the Third Schedule of the Constitution.

The oath reads: “I will bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan which embodies the will of the people, that I will not engage myself in any political activities whatsoever and that I will honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and under the law.”

The petitioner says that “any violation of the oath attracts the provisions of high treason.”

The contents of the instant report as well as the report of the committee headed by Senator Raja Zafarul Haq following the controversy over the Khatm-e-Nabuwwat clause in the Election Act, 2017, have yet to be made public.

Nonetheless, Justice Siddiqui has commended Haq’s report in the short order of a recent judgment which declared that a faith affidavit must be submitted to apply for all government and semi-government institutions, including the armed forces, the judiciary, and other civil services.

The petitioner has prayed the court to direct the office to provide a certified copy of the report. The application was filed after the IHC’s copy branch declined to provide a copy of the report without providing any reason.