Chief Justice of Pakistan (CJP) Qazi Faez Isa called the fact-finding committee and its subsequent report on the Faizabad dharna case an eyewash and remarked that the committee was illegal. He also asked who was the real mastermind of the 2017 dharna.
All the parties are withdrawing their appeals against the Supreme Court verdict, so the committee’s TORs are akin to eyewash, he remarked.
The CJP said this during the hearing of appeals against the Supreme Court's Faizabad dharna case judgement. The three-judge bench also comprises Justice Aminuddin and Justice Athar Minallah.
The AGP told Justice Minallah that the committee had been formed by the federal government. The CJP then called the fact-finding committee illegal.
“One man is imported from abroad, and he paralyses the entire country”, he remarked.
Why the investigation was not conducted under the Commission of Inquiry Act, asked CJP Isa. “If Absar Alam is called by the committee and he does not appear, what will you do?” he asked further.
Also Read: Verdict in Faizabad dharna case should be implemented: AGP
A commission constituted under the Commission of Inquiry Act has authority, and all the institutions are bound to assist it.
'No institution independent...'
The supremacy of Constitution will have to be ensured, Justice Minallah remarked. CJP Isa remarked that the inquiry should also highlight why certain parties filed review petitions against the verdict.
The CJP also added that according to former PEMRA chairman Absar Alam’s statement, no institution, including the election commission, was independent.
“Can someone go to Canada, incite riots and come back to Pakistan?”, asked the CJP. “Is this right only available to those coming from Canada? Who brought them?”
#CJP slams the fact-finding committee and its report as an 'eyewash'
— SAMAA TV (@SAMAATV) November 1, 2023
Justice Qazi Faez Isa remarked that the Supreme Court is eager to uncover the 'mastermind' of the Faizabad sit-in.#SamaaTV #CJP #Faizabad #SupremeCourt pic.twitter.com/zpyx8N6R19
He further said that a Muslim should not be scared, adding that there is no place for riots.
The Faizabad dharna case was a landmark judgement, said Justice Minallah. The CJP remarked that good or bad, there was a government chosen by the people at that time.
Referring to former PEMRA chairman Absar Alam’s statement submitted to the court in the case on Tuesday, the incumbent chief, Saleem Baig, said whatever his predecessor said must have happened with him, adding that nothing like that happened to him.
Baig told the court he didn’t know much about Alam’s statement.
Also Read: IB, PEMRA decide to withdraw review petitions in Faizabad dharna case
CJP Isa told the attorney general that if a channel incites violence and arson, that doesn’t constitute freedom of speech. He then told the PEMRA chairman that under the decision, he had to do something too.
PEMRA chairman reprimanded
Justice Minallah then asked Saleem Baig what action PEMRA had taken in light of the decision. The CJP asked him where it was mentioned in PEMRA’s implementation report about the suspension of some TV channels’ transmission in Cantt areas.
CJP Isa expressed anger towards the PEMRA chairman, saying every institution has become a joke. Justice Minallah said after retirement, everyone says he was pressured, asking what action was taken against the cable operators who suspended channel transmissions.
The CJP told the PEMRA chairman that Absar Alam named people in his statement, while he did not have the courage. “Have the courage and name who asked you to file a review,” the chief judge insisted.
Saleem Baig then said it was decided in PEMRA to file a review, and then apologized for filing the petition against the Faizabad dharna case. Addressing the PEMRA director (law), the CJP said it was probably some "extraterrestrial forces" who made the authority file the review petition.
Absar Alam even wrote to the then prime minister Nawaz Sharif. Every prime minister after leaving office says he was pressured, CJP Isa said, adding that every public office-holder should do what Absar Alam did. He even told the next prime minister, Shahid Khaqan Abbasi.
"Was a military official advocating violence in the country?" asked CJP, in a tense exchange, with Absar Alam.
— SAMAA TV (@SAMAATV) November 1, 2023
Alam responded, "I believe that's what happened." #SamaaTV #CJPIsa #SupremeCourt #Faizabadcase pic.twitter.com/1uLTTa0mD5
Addressing former PEMRA chairman Absar Alam, who took to the rostrum, CJP Isa said he had talked about some elements in the media and asked if he was attacked from within the media also.
Alam told the court he was attacked both from within and outside the media. The CJP told him that if he was the PM he would have told him to identify those pressuring him and file and FIR against them.
Call from Lt Gen (retd) Faiz Hameed
Alam told him that they had taped a threatening call and sent it to the prime minister and the army chief, but could not identify the caller. He also told the court he has various cases against him and his appointment was also challenged.
“After the Faizabad dharna, I was removed by the Lahore High Court on one of the cases,” he added. Justice Minallah told Absar Alam he had raised questions on the entire system but that “those who came after you are saying there was no pressure on them”.
CJP Isa told Alam he will have to repeat the allegations he made today before the inquiry commission and name all those he is accusing. The latter swore he would.
“You are claiming that the application for suspending you was also filed by the same person,” the CJP asked Alam, who responded that some citizen of Lahore had filed the complaint, adding he understood where it was coming from.
Alam told the court that when PEMRA suspended the transmission of a channel, they received a call from the then Maj Gen Faiz Hameed of the Inter-Services Intelligence (ISI) to remove the suspension because the channel was inciting violence.
The CJP asked him if he was saying that a military official wanted violence in the country. Alam responded that he thinks that was the case. He added that when PEMRA’s review petition was filed, Lt Gen (retd) Faiz Hameed was the ISI director general (DG).
“I’m speaking with experience that he must have been told to do so by either the Information Ministry or an intelligence agency,” Alam commented. The CJP then asked Saleem Baig who it was.
Sheikh Rashid Ahmed’s advocate-on-record appeared in court and asked for withdrawing his review petition. Justice Minallah remarked that the former minister had claimed to be back from the “40-day retreat”, while the CJP asked in the court if anyone knew if Sheikh Rashid was in jail.
The chief justice then told the election commission’s lawyer not to use the prefix “hafiz” for the Tehreek-e-Labbaik Pakistan workers responsible for the Faizabad sit-in. He later rejected the election commission’s implementation report on the Faizabad dharna case, which also gave a clean chit to the TLP on accusations of being anti-state or receiving foreign funds.
From the scrutiny of the TLP’s foreign funds it shows the party received money from abroad.
The CJP remarked to the AGP that it was a strange coincidence that all constitutional institutions filed a review plea the same day. The AGP replied it was also a coincidence that the review petitions are being heard after four years.
As per the verdict of the day’s hearing, the attorney general said he would suggest the government form an inquiry commission. The government accepts the decision and is ready to implement it, the order says.
PEMRA chief apologises
PEMRA Chairman Saleem Baig gave contradictory statements. The CJP remarked that his last name was not mentioned on his stamp, and ordered to remove “Baig”. The government of Pakistan is also mentioned with your stamp. How are you the government?” the CJP asked.
CJP Isa asked Baig if he was even educated, adding he did not even know his name.
Baig said he decided to file the review to the extent of paragraph 35 of the verdict in consultation with other members. The AGP was snubbed for speaking on behalf of the PEMRA chairman.
“Mr! Don't interfere with the freedom of an institution. If you speak, it will seem that PEMRA follows your orders. Now tell me why the review application was filed?” the chief justice asked.
The PEMRA chief tried to mislead the court and conceal information, the order said after which Saleem Baig apologised to the court.
The PTI, MQM and Ijazul Haq’s review petition was disposed of as withdrawn, while Sheikh Rashid was issued a notice to fulfil requirements of justice. Sheikh Rashid is being given an opportunity to defend his petition.
According to the order, the election commission’s implementation report was rejected and it was given a month to once again look at the TLP’s foreign funds issue according to the law.
The attorney general was given two weeks to inform the court if the government was forming an inquiry commission.
Absar Alam requested to broadcast the inquiry commission’s proceedings on the media.
The hearing was adjourned till November 15.
