ISLAMABAD (Online): Supreme Court (SC) has summoned report from federal government till next hearing with reference to Faizabad Dharna.
The SC while seeking written reply on court’s observation from Dharna commission has said commission can appear in person if it wants so.
The court said in its written order after hearing on Monday that commission filed on March 6 report containing 149 pages and 7 volumes. To our opinion report is not according to terms of reference. It is strange that statement of not a single member of Tehreek-e- Labbaik was recorded. Commission assumed that journey to Islamabad for protest was not in line with the constitution. While SC had written in its order that peaceful protest is right. Provincialism glimpses from the commission report.
The hearing of the case was adjourned for two weeks.
The Chief Justice of Pakistan (CJP) Qazi Faez Isa while expressing annoyance over report remarked It is the will of government. Report has been filed in the court. Report has been commented upon already. It is not known how it came out. We come to one relevant question. Why did the government not legislate in the light of our decision. Is another May 9 being waited. Had you been alert earlier for legislation then May 9 would have not occurred.
A 3-member bench headed by CJP Qazi Faez Isa took up the case for hearing Monday.
At the inception of hearing the CJP remarked we will hear this case in the last.
The CJP inquired from Attorney General (AG) Election Commission EC has filed report. Have you seen that report. AG told the court he has not seen the report so far. The court announced interval.
On resumption of hearing AG told the court head of dharna commission is present in the court. If court has any question about report, it can be asked from head of the commission.
AG told the court Gen (Retd) Faiz Hamid told the commission that it is not responsibility of ISI to see the matters related to financial assistance to the terrorists.
The CJP inquired if it is not their responsibility then whose responsibility it is.
The CJP remarked I am not understanding the mind of what level has worked out this report. Commission does not know what was their responsibility. Commission prepared report on the basis of statement of Faiz Hameed. How much loss was caused to Pakistan. But no one cares for loss of Pakistan. Setting on fire and killing has become right. The state will have to ensure its writ. Those behind torching be not presented as hero.
He remarked I have been disappointed over Inquiry Commission (IC) report. They say only go ahead. How can we go ahead without learning lesson from the past. When Pakistan came into being then tell had any one set on fire any thing any where.
Justice Irfan Saadat remarked the motorcycle of any one is stopped and is set ablaze on minor matter in Karachi.
The CJP remarked mission is saying who were doing it were not responsible. Punjab government is responsible.
The CJP remarked commission is saying Punjab government was being run by Rana Sana Ullah and he is responsible. who violated oath, this has not been told by the commission. How can commission say the protesters should have been stopped in Punjab. Protesting peacefully is right of every citizen. It seems as if commission has some malice against Punjab government.
AG said the entire focus of the commission was on the thing why they came from Punjab to Islamabad.
The CJP remarked we accept Punjab government had pelted stones. We accept the vehicles were also torched by Punjab government. Whose government was in Punjab at that time.
AG told the court Shehbaz Sharif was chief minister in Punjab at that time.
The CJP remarked the time of the nation was wasted in this report. No mention about TLP is made in the report. Were TLP walas called.
The court said TLP walas were not called by the commission.
CJP remarked if the statements have not been recorded these are TLP walas whose statements have not been recorded. Serving meal or water is not offence. This can be served to any one.
The CJP remarked commission is saying law is there and implement it. Thank you very much. What was there any need to constitute this commission to say this. Had Faizabad 2019 decision been implemented then May 9 incident perhaps would not have occurred.
The CJP remarked how these commission walas remained in police. This is like it that the thief be asked has he not committed theft. Those who had filed petitions would have asked from all people. How beautiful chance it was that so many review petitions were filed simultaneously. Some one may have given approval for review. The lawyer may have been hired. Where is all the record. The Faizabad Dharna commission report is a thing to be given to children.
The Dharna commission people had not come out of office.
He inquired from AG these people were sitting where.
AG told the court these people were sitting in interior ministry. They did not come out from there.
The court while seeking reply from federation and Dharna commission adjourned the hearing for two weeks.