{"id":8675,"date":"2023-09-28T07:44:05","date_gmt":"2023-09-28T07:44:05","guid":{"rendered":"https:\/\/news.pakistaninewspaperlist.com\/cjp-led-sc-bench-hears-review-pleas-against-faizabad-sit-in-verdict\/"},"modified":"2023-09-28T07:44:05","modified_gmt":"2023-09-28T07:44:05","slug":"cjp-led-sc-bench-hears-review-pleas-against-faizabad-sit-in-verdict","status":"publish","type":"post","link":"https:\/\/pakistaninewspaperlist.com\/news\/cjp-led-sc-bench-hears-review-pleas-against-faizabad-sit-in-verdict\/","title":{"rendered":"CJP-led SC bench hears review pleas against Faizabad sit-in verdict"},"content":{"rendered":"<p><\/p>\n<div dir=\"auto\">\n<p>The Supreme Court is hearing a set of review petitions challenging the court\u2019s <a href=\"https:\/\/www.dawn.com\/news\/1462170\">verdict<\/a> on the <a href=\"https:\/\/www.dawn.com\/news\/1373274\">2017 sit-in<\/a> by the Tehreek-i-Labbaik Pakistan (TLP) at Faizabad in Islamabad.<\/p>\n<p>A three-member bench \u2014 including Chief Justice of Pakistan Qazi Faez Isa, Justice Aminuddin Khan and Justice Athar Minallah \u2014 have taken up the pleas today.<\/p>\n<p>Authored by Justice Qazi Faez Isa years before he took oath as the chief justice of Pakistan (CJP), the searing judgement had instructed the defence ministry and the tri-services chiefs to penalise personnel under their command who were found to have violated their oath.<\/p>\n<figure class=\"media  sm:w-1\/2  w-full  media--right  media--embed  media--uneven\">\n<p>    <iframe class=\"nk-iframe\" onload=\"setInterval(()=&gt;{try{this.style.height=this.contentWindow.document.body.scrollHeight+'px';}catch{}}, 100)\" width=\"100%\" frameborder=\"0\" scrolling=\"no\" style=\"height:400px;position:relative\" src=\"https:\/\/www.dawn.com\/news\/card\/1462177\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>It had also directed the federal government to monitor those advocating hate, extremism and terrorism and prosecute them in accordance with the law.<\/p>\n<p>Adverse observations were also made against several government departments for <a href=\"https:\/\/www.dawn.com\/news\/1372392\">causing inconvenience<\/a> to the public as the 20-day sit-in paralysed life in both Islamabad and Rawalpindi.<\/p>\n<p>Pleas were subsequently <a href=\"https:\/\/www.dawn.com\/news\/1476828\">moved against the verdict<\/a> by the Ministry of Defence, the IB, the <a href=\"https:\/\/www.dawn.com\/news\/1476504\">PTI<\/a>, the Pemra, the Election Commission of Pakistan (ECP), the Mutta\u00adhida Qaumi Movement (MQM), Awami Muslim League chief Sheikh Rashid and Ejazul Haq.<\/p>\n<p>However, earlier this week, the <a href=\"https:\/\/www.dawn.com\/news\/1778112\">Intelligence Bureau<\/a> and the <a href=\"https:\/\/www.dawn.com\/news\/1778148\">Pakistan Electronic Media Regulatory Authority<\/a> (Pemra) approached the apex court, seeking the withdrawal of their review petitions in the case, stating that they did not wish to pursue the matter further.<\/p>\n<p>Meanwhile, Rashid, via Advocate Mehr Khan Malik, had also <a href=\"https:\/\/www.dawn.com\/news\/1778112\/intelligence-bureau-has-second-thoughts-on-faizabad-case-review\">requested<\/a> the Supreme Court to adjourn the hearing.<\/p>\n<figure class=\"media  sm:w-1\/2  w-full  media--right  media--embed  media--uneven\">\n<p>    <iframe class=\"nk-iframe\" onload=\"setInterval(()=&gt;{try{this.style.height=this.contentWindow.document.body.scrollHeight+'px';}catch{}}, 100)\" width=\"100%\" frameborder=\"0\" scrolling=\"no\" style=\"height:400px;position:relative\" src=\"https:\/\/www.dawn.com\/news\/card\/1372805\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>His plea stated that since the AML chief\u2019s counsel, Amanullah Kanrani, had taken over the charge of the law minister for Balochistan, he was not in a position to appear before the apex court.<\/p>\n<p>Prior to the hearing, when asked by a reporter if the PTI intended to withdraw its plea as well, Barrister Ali Zafar replied in the affirmative: \u201cWe do not wish to pursue the review petition.\u201d<\/p>\n<p>During the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan appeared as the federal government\u2019s counsel while lawyer Hafiz Ahsaan was present as the Pemra\u2019s lawyer. The MQM\u2019s counsel was not present when the hearing began.<\/p>\n<p>At the outset of the hearing, CJP Isa observed that Rashid\u2019s counsel had been appointed as a minister, therefore he should have arranged another lawyer in his place.<\/p>\n<p>He then noted, \u201cI want to make a few things clear. This is a regular bench, not a special bench. Review petitions are immediately fixed [for hearing] but these were not fixed for four years.<\/p>\n<p>\u201cOne of the judges who pronounced the verdict has retired, therefore, this case was not fixed before that bench,\u201d he clarified.<\/p>\n<p>At this point during the hearing, AGP Awan informed the court that the federal government wished to withdraw its review petition.<\/p>\n<p>Upon the CJP inquiring if there was a reason to do so, the AGP responded, \u201cThere is no specific reason. We only want to withdraw the review petition. The federal government does not want to defend the case.\u201d<\/p>\n<p>The top judge then asked,\u201c Why does [the government] want to withdraw [the plea] now?<\/p>\n<p>\u201cFirst, it was said that there were mistakes in the verdict. Now, at least tell the reasons for withdrawing it,\u201d he added.<\/p>\n<p>To this, the AGP replied that the government at the time of filing the review pleas was different. CJP Isa then asked why the attorney general did not submit written application for the withdrawal, to which the latter responded that he was \u201cgiving his statement\u201d.<\/p>\n<p>Here, the Pemra counsel informed the court, \u201cI am also withdrawing my review petition.\u201d The CJP asked on whose directions he was doing so and remarked, \u201cComments are made on YouTube channels.\u201d<\/p>\n<p>At this point during the hearing, the PTI\u2019s Barrister Zafar also informed the court that the party did not wish to pursue its review plea.<\/p>\n<p>CJP Isa asked the lawyer if he had the authority to withdraw the petition and observed, \u201cIf you want to become a respondent [in the case], the court will allow you.\u201d<\/p>\n<p>However, Zafar responded, \u201cNo, we do not want to become a respondent in this case.\u201d<\/p>\n<p>At this point during the hearing, a former Pemra chairman came to the rostrum.<\/p>\n<p>CJP Isa remarked, \u201cPreviously, it was said that the verdict is filled with mistakes. Now, are the mistakes no longer there in the verdict?\u201d Is there any reason to withdraw the review petitions?<\/p>\n<p>\u201cThe ones who have remained in authority make speeches on the TV and YouTube. It is said \u2018we were not heard\u2019. Now we are sitting here to listen [so] come and tell.\u201d<\/p>\n<p>The top judge then observed that the court would keep the Pemra\u2019s petition pending, adding, \u201cSo that no one says tomorrow that we were not heard.\u201d<\/p>\n<h2><a id=\"the-pleas\" href=\"#the-pleas\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>The pleas<\/h2>\n<p>The IB\u2019s review petition had urged the court to set aside the adverse observations made against the department, adding that it was a premier civilian intelligence agency which was responsible for state security.<\/p>\n<p>It had contended that the impugned order created a \u201cbad impression\u201d on the public that the IB was involved in unlawful activities and politics, after transgressing constitutional boundaries.<\/p>\n<p>It had said the observations made in the verdict were based on \u201cvague facts\u201d and that during the sit-in, the department was in close contact with the federal and Punjab governments and forewarned them about the plans and intentions of the TLP, with a view to foiling their attempt to storm\/lockdown Islamabad.<\/p>\n<figure class=\"media  sm:w-1\/2  w-full  media--right  media--embed  media--uneven\">\n<p>    <iframe class=\"nk-iframe\" onload=\"setInterval(()=&gt;{try{this.style.height=this.contentWindow.document.body.scrollHeight+'px';}catch{}}, 100)\" width=\"100%\" frameborder=\"0\" scrolling=\"no\" style=\"height:400px;position:relative\" src=\"https:\/\/www.dawn.com\/news\/card\/1476828\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>Meanwhile, In response, the defence ministry had requested the court to set aside the explicit or implicit observations about the armed forces and\/or the Inter-Services Intelligence (ISI).<\/p>\n<p>The ministry\u2019s petition had said that a host of factors may affect morale. However, it said, what was fatal was the belief amongst the rank and file that their officers while acting like \u201cself-proclaimed saviours\u201d were violating the fundamental rights of citizens and instead of serving \u201cPakistan and thus all its citizens\u201d, supporting a \u201cparticular political party, faction or politician\u201d.<\/p>\n<p>\u201c\u2026When the source of such remarks is the highest court in the land, it can promote fissiparous tendencies and has the capacity to destroy the ability of the armed forces to act as a cohesive fighting force,\u201d the review petition had argued.<\/p>\n<p>It had further said there was no evidence before the court to suggest that the armed forces or ISI were, in any manner, involved with either the sit-in or a particular outcome of the general elections of 2018 or the abridgement of free speech or intimidation or censorship of the press.<\/p>\n<p>In its petition, the ECP had contended that it had comprehensively applied and enforced the Constitution, law and code of conduct by issuing a letter to the TLP on Aug 16, 2017, asking the party to provide details of its bank account and even had issued notices to it with a warning to cancel its registration.<\/p>\n<p>Meanwhile, the PTI had questioned the mention in the verdict of the <a href=\"https:\/\/www.dawn.com\/news\/1778098\/lhc-directs-authorities-to-provide-better-facilities-to-parvez-elahi-in-jail\">2014 joint sit-in<\/a> organised by it and the Pakistan Awami Tehreek in Islamabad, and had said the impression one gets from it was that the party conducted an illegal protest for publicity and deliberately made wrong allegations.<\/p>\n<p>The petition contended that the party had nothing to do with the TLP Faizabad sit-in and therefore the remarks should be expunged.<\/p>\n<p>Rashid had <a href=\"https:\/\/www.dawn.com\/news\/1777228\/sc-to-resume-hearing-on-review-pleas-against-faizabad-verdict#:~:text=Rashid%20Ahmed%20had-,approached,-the%20court%20to\">approached<\/a> the court to remove his name from the judgement. In his petition, the AML chief pleaded that if the words concerning him in para-4 of the judgement were not expunged, he would suffer adversely in his life.<\/p>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"<p>The Supreme Court is hearing a set of review petitions challenging the court\u2019s verdict on the 2017 sit-in by the Tehreek-i-Labbaik Pakistan (TLP) at Faizabad in Islamabad. A three-member bench \u2014 including Chief Justice of Pakistan Qazi Faez Isa, Justice Aminuddin Khan and Justice Athar Minallah \u2014 have taken up the pleas today. Authored by [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":8676,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"fifu_image_url":"https:\/\/i.dawn.com\/large\/2023\/09\/28122110709265a.png?r=122142","fifu_image_alt":"","footnotes":""},"categories":[192],"tags":[],"class_list":["post-8675","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-islamabad-news"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/8675","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/comments?post=8675"}],"version-history":[{"count":0,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/8675\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media\/8676"}],"wp:attachment":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media?parent=8675"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/categories?post=8675"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/tags?post=8675"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}