The Chief Justice of Pakistan, Qazi Faiz Isa, declared that the government-appointed fact-finding committee in the Faizabad execution case was unlawful and demanded to know the identity of the mastermind behind the Faizabad sit-in.
A three-judge panel led by Chief Justice Qazi Faiz Isa, Justice Aminuddin Khan, and Justice Athar Minullah is hearing the Faizabad sit-in review case.
The CJP said during the hearing that Absar Alam had made serious accusations against the Ministry of Defence employee in his statement. In light of these accusations, Mr. AG, would you still like to withdraw the review application?
Attorney General Mansoor Usman announced that a fact-finding committee had been established after reviewing the accusations made by Absar Alam. The CJ inquired about Absar Alam’s identity during the Faizabad sit-in. The AG retorted that Absar Alam was the Pemra chairman during the Faizabad sit-in.
When was the fact-finding committee established by the FG, Justice Qazi Faiz Isa inquired? According to the AG, the Federal Government established a fact-finding committee on October 19; this committee will examine all relevant information and provide a report.
“The committee has not done any work yet?” inquired the CJ. Mansoor Usman then stated that the October 26 committee meeting had taken place.
Regarding the fact-finding committee established to carry out the Faizabad sit-in verdict, the SCP raised concerns.
Which law, according to Justice Atharmanullah, did the Fact-Finding committee form under? What is the Fact Finding Committee’s legal standing? The Chief Justice stated that nothing could be done other than to create a committee in order to stop the reports from coming in.
In an interview with the AG, the CJ stated that while everyone agrees that the Faizabad Dharna ruling is correct, the government-appointed committee is akin to sprinkling salt in one’s eyes. If you ask the kids, the government is unable to look into this because someone was brought in from overseas, held hostage, and then released. Those in charge will face consequences. A party has the entire nation under siege. They are also more qualified to respond than you.
Judge Atharmanullah asked if the state’s operations were conducted in accordance with the constitution. We questioned who was in charge of the sit-in, even though Justice Qazi Faiz Isa stated that based on the committee’s TORs, it appeared that everyone had been cleared. The court had provided the complete history of the sit-in.
According to the CJP, the government has not corrected a single one of the committee’s TORs; it wants everyone held accountable and does not believe that anyone should be targeted for criticism; billions of dollars have been lost, but the government does not seem to care; what will happen to the committee report? Will the cabinet be presented with the committee report? Will the committee’s report be brought before the court for possible action to be taken?
He went on to say, “Why should the court do your work when we won’t be reviewing the committee report?” Since the Additional Secretary is a member of the Interior Committee, it is the government’s responsibility to carry out the Faizabad Dharna decision. What will he do? To what extent were bridges destroyed? What degree of harm was done? Who is going to see this all?
Speaking to the AG, Justice Qazi Faiz Isa stated, “Sorry, but this committee is not acceptable. The court is not happy with this fact finding committee, formed by the Govt.” Everyone will be acquitted by the TORs of the Govt committee. The committee isn’t authorised.
The Chief Justice remarked that the fact-finding committee is merely a piece of paper and that the nation cannot be run on a piece of paper when Attorney General Mansoor Usman stated that the government had only formed the committee for investigation and that the committee would make recommendations in its report. Tell us the Orcs Act or Rules of Business under which the committee was established; the government’s preferred method of running things will not be implemented.
According to the CJP, the government will be found not guilty in the Faizabad sit-in case by the court. We are interested in learning who organised the sit-in in Faizabad. Since the verdict was not put into effect until today, February 6, 2019, everyone in this room will say that whatever I do, no one can question me, and the government should state unequivocally that we will not be working.
Mansoor Usman announced that a commission would be established in accordance with the Pakistan Commission of Inquiry Act and that it would carry out the court’s orders. In response, Justice Athar Manullah stated that the government bears the responsibility of enforcing the constitution, and that the government commission’s investigation ought to be open and transparent.
Chief Justice Qazi Faiz Isa stated that the government should implement these measures in order to prevent similar incidents in the future. He added that people will learn a lesson from punishing those who break the law.
Judge Qazi Faiz Isa questioned the government’s desire to abide by the ruling in the Faizabad Dharna case. Which legal statute states that a decision will not be put into effect if a revision is filed? Has the government in Canada been contacted? Is it possible for Canadians to come here and sit without anyone asking? Is it possible for Pakistanis to protest like this in Canada? Other nations provide complete protection to all of their citizens; in Pakistan, however, no one questions; regardless of where you travel—sometimes to Dubai, other countries—our people defame their nation and religion.
The CJP claimed that nobody gave a damn about this country and that it was not just for the wealthy, who had controlled it for 70 years. They also questioned why someone had been brought in with the intention of toppling the previous administration. Will the services be rendered by bringing in a person once more in the future? Did the Canadian man purchase his own ticket? The committee’s investigation may also reveal that PEMRA and ECP were not independent at the time.