Govt forms Faizabad sit-in commission

The government has finally announced a three-member commission to identify those who planned, financed, and supported a sit-in at Islamabad’s Faizabad area six years back—a dharna that had brought a little-known religious party, the Tehreek-e-Labbaik Pakistan (TLP), into the national spotlight. According to a notification published on Wednesday, the commission will also recommend legal action against the planners and executors of the protest which disrupted lives in the twin cities Rawalpindi and Islamabad between November 6 and November 27, 2017.

Constituted under Section 3 of the Pakistan Commission of Inquiry Act, 2017, the commission is led by Syed Akhtar Ali Shah, a former civil servant, who also served as Khyber Pakhtunkhwa’s police chief.
It also comprises Tahir Alam Khan, also a former police officer, and Khushal Khan, an additional secretary at the Ministry of Interior. The commission will conclude its inquiry within two months after its notification.
The TLP, then led by Allama Khadim Hussain Rizvi, had staged the sit-in in protest against the changes made in the lawmakers’ oath, affirming their belief that the Holy Prophet Muhammad (PBUH) is the last messenger of God.

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As a result of the protest, the PML-N government had to sack its law minister Zahid Hamid. The Supreme Court had taken suo motu notice of the sit-in on November 21, 2017.
Later, a division bench led by Justice Qazi Faez Isa on February 6, 2019 unveiled its verdict in the sit-in case, criticizing the role of intelligence agencies in the saga. Soon after assuming office of the chief justice of Pakistan (CJP) in September this year, Justice Isa listed for hearing the petitions that had been filed against the SC’s February 2019 verdict.

Interestingly, most of the petitioners who had moved review petitions including the PTI and MQM-P started withdrawing their pleas as a three-member bench led by Justice Isa took up the case.
On Nov 1, the bench rejected the fact-finding committee formed by the government to investigate the matter and ordered it to form a commission of inquiry to unveil the mastermind behind the sit-in.
As the bench resumed hearing of the case on Wednesday, the Attorney General for Pakistan (AGP) Mansoor Awan told the bench that the government had now formed the commission of inquiry. He also read out the notification for the commission.

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According to its terms of reference (ToRs), the commission shall inquire into any illegal financial and/or other support provided to the TLP for undertaking the sit-in and the events that followed.
It will recommend action against those who issued edicts or fatwas during or in relation to the sit-in which either harmed people or put people in harm’s way.The commission will also inquire into the inaction of the Pakistan Electronic Media Regulatory Authority (Pemra) against broadcasters and cable operators who violated the provisions of law and the code of conduct.

Today's hearing

“[It will] examine the spread of hate and violence through social media and recommend measures to deal with it; determine violations, if any, of the law and the liability incurred by any person or public officeholder.
“[The commission] will fix responsibility of any person and/or government officers including those working with intelligence agencies; determine as to whether any disciplinary proceedings or other legal action is required to be taken against any of the aforesaid, if found involved." The commission will also recommend measures which must be taken by police and other law enforcing agencies and departments with regard to handling rallies, protests and sit-ins in future. It will recommend a framework for the federal and provincial governments to effectively monitor and prosecute those who advocate hate, extremism and terrorism.

After hearing the notification, the bench asked the AGP to also give mandate to the commission by an addition in the ToRs to inquire into the reasons which led to withdrawal of review petitions and to find out if the petitions were filed coincidentally or on “someone’s instruction”. AGP Awan sought one-week time from the bench to include the condition in the ToRs. The bench once again expressed wonder as to why the review petitions filed against in the Faizabad sit-in verdict were not listed for hearing in the last four years. The chief justice raised the question if the Supreme Court was being controlled from the outside. “Who was controlling the Supreme Court?” he questioned. “The SC will not be used for ulterior motives.”

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Justice Isa also asked Sheikh Rashid, the AMP chief who was present in the courtroom, as to why he had filed a review petition against the SC’s February 2019 verdict and what has prompted him to withdraw his petition now.
Responding to PEMRA former chief Absar Alam’s reservations about the effectiveness of the commission of inquiry, the CJP observed that the commission might turn out to be an eyewash but it could also become a trend setter by revealing the truth. The CJP asked Alam not to prejudge the three-member commission, stating that they hoped that the former PEMRA chief's apprehension about the utility of the commission might prove wrong. The court later adjourned till the third week of January.