Govt in tight spot after SC rejects fact-finding body

CJP Isa stresses the need for unbiased inquiry, identify orchestrators behind the Faizabad sit-in


Hasnaat Maik November 01, 2023
A general view of the Supreme Court of Pakistan building at the evening hours, in Islamabad, Pakistan April 7, 2022. REUTERS/Akhtar Soomro

ISLAMABAD:

The Supreme Court, led by CJP Qazi Faez Isa, has put the caretaker federal government in a precarious position after it dismissed the fact-finding committee to ensure enforcement of the directives from the Faizabad dharna judgement delivered four years ago.

The turn of events has ignited a debate, raising the question of whether the present establishment will welcome the top court’s hand of justice and unearth the truth. The general impression suggests that won't be the case as the powerful circles will prevent setting a precedent of holding individuals accountable, even if the accused wears a retired general's stripes.

At the centre of Wednesday’s six-hour hearing was retired General Faiz Hameed, also cited in former Pakistan Electronic Media Regulatory Authority (PEMRA) chief Absar Alam's affidavit for having meddled with the organisation's operations.

Notably, throughout the session, CJP Isa repeatedly grilled the current PEMRA Chairman Saleem Baig about who had ordered him to file a review petition against the Faizabad protest judgement.

He expressed an expectation in the judicial order for an investigation into the coincidence of review petitions filed by the government and other autonomous bodies in the same case.

It is pertinent to note that the case has a distinctive history of CJP Isa having been subjected to a 'tough time' from the then security establishment post-judgement.

Standing solitary, Isa fought back gracefully, even as his fellow jurists initially showed reluctance to rally behind him in difficult times.

However, the majority of judges finally stood with him and accepted the review petitions against ex-CJP Umar Ata Bandial's judgement to refer his family's property matter to the Federal Board of Revenue (FBR).

Since the last hearing, there has been no clue of 'uneasiness' in the judicial proceedings in the Faizabad dharna judgment implementation case. However, now the bench has disapproved of fact fact-finding committee.

Political analysts believe that the security establishment cannot afford to annoy CJP Isa in the prevailing political situation.

Meanwhile, PTI keeps a watchful eye on the evolving court proceedings, with Imran Khan's spokesperson Shoaib Shaheen also present in the courtroom.

The support of CJP Isa suggests that in the event of a coercive order being passed in the Faizabad dharna case judgement, he stands to secure a wave of endorsement from the superior bars.

However, the spotlight now turns to PML-N, whose stance on endorsing the Supreme Court proceedings remains tantalisingly unclear.

It is also noteworthy that CJP Isa’s firebrand approach of grilling lawyers and government officials during the hearing has stirred some criticism. The chief justice’s path ahead is challenging.

If he wishes to hand down significant rulings in the coming year, he must delicately balance his temperament to steer clear of controversies.

Senior lawyers are also wondering about the status of present proceeding after the withdrawal of review petitions.

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