Faizabad sit-in: Govt constitutes fact-finding committee to implement SC verdict

ISLAMABAD: The government Friday informed the Supreme Court that it has constituted a fact-finding committee to implement its 2019 judgment pertaining to the Faizabad sit-in suo-motu case.

The development was revealed after the Attorney-General for Pakistan, Mansoor Usman Awan, submitted the government's implementation report to the apex court, informing the court that it has formed a fact-finding committee to determine those responsible for the Faizabad sit-in with regards to the SC verdict of February 6, 2019.

In the last hearing held on September 28, Chief Justice of Pakistan (CJP) Qazi Faez Isa-led three-member bench — while hearing the review petitions against the verdict on the Faizabad sit-in staged by the TLP in 2017 against the then-Pakistan Muslim League-Nawaz (PML-N) government — had expressed annoyance over the non-implementation of the years-old order and directed all the parties to submit their written replies by October 27.

A day earlier, the Election Commission of Pakistan (ECP) had also submitted its implementation report in the SC, complying with its aforementioned order.

In its report, the electoral body said: “As per record already submitted respondent no.3 [TLP] as party is not involved in any terrorist activity and not proscribed.”

“We are of the view that responded no. 3 [TLP] is not involved in any anti-state activity or terrorism, hence at this stage the instant case is disposed of as withdrawn," it added.

According to the implementation report, the fact-finding committee consists of additional secretary interior, additional secretary defence and director Inter-Services Intelligence (ISI). Meanwhile, the Terms of Reference [TORs] of the fact-finding committee have also been added to the report, prescribed under which it will conduct an inquiry.

"Fact-finding committee will collect evidence related to the Faizabad sit-in," the report read, adding that it will review all the evidence, documents and records received in relation to the case.

The committee will record the statements of the witnesses then assess the issue as per the "applicable laws, regulations and policies"; "determine the role/ directions of all concerned related to management and handling of the matter"; submit a report along with recommendations; and "look at any other point/ term related to the matter". 

As per the implementation report, the committee will also determine who gave orders and managed the Faizabad sit-in. The committee will then submit a report based on the recommendations collected following the investigation to the Defense Ministry by December 1.

It added that if the committee needs more time, it will approach the Defense Ministry for it.

Through the implementation report, the SC was informed that the committee's first meeting has already been held a day earlier on October 26 (Thursday) on the fixed TORs.

The government, through the implementation report, requested the SC to withdraw its review petition in the Faizabad sit-in case, seeking more time submit the final report.

Faizabad sit-in legal saga

This legal saga began on April 15, 2019, when the then-federal government, along with entities like the Defence Ministry, Intelligence Bureau, PTI government, AML chief Sheikh Rashid Ahmed, MQM-P, and the Pemra, among others, filed review pleas contesting the apex court's judgement delivered by the incumbent Chief Justice Qazi Faez Isa regarding the Faizabad sit-in case.

Earlier on February 6, 2019, a two-member bench of the apex court comprising the now-CJP Isa and Justice Mushir Alam recommended that persons, issuing an edict or fatwa to harm another person or put another person in the harm’s way must be dealt with iron hand and prosecuted under relevant laws.

It also ruled that the intelligence agencies must not exceed their respective mandates. Later, the bench disposed of a suo moto case regarding the 2017 Faizabad sit-in staged by the TLP.

The 43-page verdict issued by the two-judge bench and published on the apex court's website read: "Every citizen and political party has the right to assemble and protest provided such assembly and protest is peaceful and complies with the law imposing reasonable restrictions in the interest of public order.

The right to assemble and protest is circumscribed only to the extent that it infringes on the fundamental rights of others, including their right to free movement and to hold and enjoy property."

In November 2017, the top court took suo motu notice of the three-week-long sit-in, which was held against a change in the finality-of-Prophethood oath, termed by the government as a clerical error, when the government passed the Elections Act 2017.

The sit-in was called off after the protesters reached an agreement with the government.