Govt starts implementing sit-in case verdict, SC told

AGP says three-member fact-finding committee formed to assess matter in light of applicable laws

ISLAMABAD:

A fact-finding committee – formed to implement the Supreme Court’s order in its judgment on the Faizabad sit-in case – started its work and would submit its report to the defence ministry next month, the federal government informed the apex court on Friday.

The attorney general for Pakistan (AGP) submitted the implementation report in the Faizabad sit-in revision case, ahead of the hearing of eight review petitions, challenging the court’s 2019 judgment, which is scheduled on Nov 1.

AGP Mansoor Usman Awan said that the government had formed a three-member fact-finding committee to identify those who were responsible for the Faizabad sit-in. The committee consists of additional interior secretary, additional defence secretary and the Inter-Services Intelligence (ISI) director.

According to the terms of reference (TORS), the report said, the committee would collect, examine, and review all relevant documents, record, and evidence; record statements of witnesses; as well as assess the matter in light of applicable laws, regulations, and policies.

The committee would also determine the role of all concerned related to management and handling of the matter and any other point related to the matter, the three-page report said, adding that it would submit a report along with its recommendations.

“As per the TORs, the Committee held its first meeting on 26-10-2023 and has commenced its proceedings. The Committee shall furnish a fact-finding report to the Ministry of Defence by 01-12-2023,” the report read.

However, the AGP stated that if further time was required for furnishing of the report, the committee would seek extension from the defence ministry.

Read Enforcing Faizabad sit-in verdict could have prevent Jaranwala: CJP

“… The Petitioner upon completion of the fact-finding report be permitted to submit the same before this Court,” it added.
The matter stemmed from the Tehreek-e-Labbaik Pakistan’s (TLP) protest on Nov 8, 2017 against changes in the Elections Bill 2017 in which the word oath was changed to declaration.

The party had set up a camp at the Faizabad Interchange, demanding resignation of then law minister Zahid Hamid.
The protests paralysed daily life in the twin cities for many weeks.

On Nov 21, the Supreme Court initiated suo motu proceedings, and on the next day, a two-judge bench, comprising (now Chief) Justice Qazi Faez Isa and Justice Mushir Alam reserved the ruling.

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

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 Feb 6, 2019, the Supreme Court issued the 43-page judgment authored by Justice Isa.
The verdict directed the government of Pakistan and the respective chiefs of the army, navy, and air force to take action against personnel under their command found in violation of their oath.

Read more ECP clears TLP of any wrongdoing

Additionally, the judgment also included adverse observations about various government departments and public sector entities.

It highlighted that no entity, including government departments or intelligence agencies, could infringe upon the fundamental right of freedom of speech and expression.

The judgement was challenged in the apex court by various government departments, as well as political parties and individuals.

The matter was taken up on Sept 28, 2023, when several petitioners, seeking review of the verdict requested for withdrawal of their petitions.

A three-member bench led by the chief justice and comprising Justice Aminuddin Khan and Justice Athar Minallah had invited all persons and organisations to disclose facts pertaining to the Faizabad sit-in by Oct 27, 2023 and adjourned the hearing until Nov 1.