IB withdraws plea against Faizabad sit-in case

Bureau says it does not want to pursue matter anymore; SC due to take up petitions tomorrow

ISLAMABAD:

The Intelligence Bureau (IB) on Tuesday moved the Supreme Court (SC) for the withdrawal of its review petition against the judgment delivered in the Faizabad Dharna case over four years ago, stating that it did not want to pursue the case anymore.

The withdrawal application came just two days before the hearing of the review petitions by a three-member bench led by Chief Justice Qazi Faez Isa and comprising Justice Aminuddin Khan and Justice Athar Minallah.

At least eight review petitions were filed against the Faizabad Dharna case judgment on Feb 6, 2019.

The petitioners also included various political parties and organisations such as the Pakistan Tehreek-e-Insaf (PTI) and the Muttahida Qaumi Movement-Pakistan (MQM-P).

The review petitions were not taken up during the tenures of the last three chief justices, Asif Saeed Khosa, Gulzar Ahmed, and Umar Ata Bandial. However, Chief Justice Isa, who took over as the country’s top judge 10 days ago, fixed the case for hearing on Thursday (tomorrow).

IB Director General Fuad Asadullah Khan submitted the request for withdrawal of its review petition through agency's Deputy Director Amjad Iqbal, stating that the bureau did not wish to pursue its civil review petition.

Read SC fixes Faizabad sit-in review pleas for hearing

“The Petitioner intends to withdraw the above titled Civil Review Petition and does not want to pursue the matter in the above titled case,” the IB pleaded. “It is, therefore, humbly prayed that this application may be accepted and the titled Civil Review Petition may kindly be allowed to be withdrawn.”

The Supreme Court had given the ruling on a sit-in by the Tehreek-e-Labbaik Pakistan (TLP) at Faizabad in Islamabad in 2017. Authored by Justice Isa, the searing judgement had directed the country’s intelligences agencies not to exceed their constitutional mandate.

It had also directed the federal government to monitor those advocating hate, extremism, and terrorism and prosecute them in accordance with the law. Adverse observations were also made against several government departments and other public sector entities.

Soon after the judgment, speculations were rife that the then PTI government was planning to file a presidential reference against Justice Isa.

The judgment was also mentioned during the hearing of Justice Isa’s case related to an inquiry into three UK properties in the name of his wife and children.Faizabad Dharna

Read more Trend of seeking adjournments will no longer fly, says CJP Isa

The TLP started its protest on Nov 8, 2017, and set up a camp at the Faizabad Interchange, contesting changes in the Elections Bill 2017 in which the word oath was changed to declaration. The protesters demanded the resignation of then law minister Zahid Hamid.

Hamid stepped down on Nov 27, 2017. The protests paralysed daily life in the twin cities for 20 days albeit without any violence. During that period, several rounds of bilateral talks with the government and protesters were held but all ended in failure.

On Nov 25, 2017, the police launched an operation using tear gas and water cannons to clear the area of the the TLP protesters.

Later, a controversy erupted after leaked footages taking rounds on the social media showed a senior military official handing out money and encouraging the protesters.

On November 21, the Supreme Court initiated a suo motu case pertaining to the sit-in. On Nov 22, 2018, a two-judge bench consisting Justice Isa and Justice Mushir Alam reserved the ruling.

On Feb 6, 2019, the Supreme Court issued the 43-page judgment authored by Justice Isa.