Body formed to probe non-compliance of court order, SC told

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FAIZABAD SIT-IN

2023-11-16T06:16:10+05:00 Shahid Rao

ISLAMABAD  -  Attorney General for Pakistan (AGP) Wednesday informed the Supreme Court of Pakistan that inquiry commission to probe reasons for not implementing the Faizabad dharna (sit-in) judgment has been notified.

A three-member bench of the apex court headed by Chief Justice of Pakistan Justice Qazi Faez Isa and comprising Justice Aminuddin Khan and Justice Athar Minallah conducted hearing of the petitions of Inter-Services Intelligence (ISI), Intelligence Bureau (IB), Military Intelligence (MI), and Inter-Services Public Relations (ISPR), media wing of army, Ministry of Defence ministry, the PTI, MQM-P, Election Commission of Pakistan (ECP), Pakistan Electronic Media Regulatory Authority (Pemra), President AML Sheikh Rasheed Ahmed and President PML-Z Ijaz ul Haq.

During the hearing, Attorney General for Pakistan Usman Mansoor Awan informed that the government under the Inquiry Commission Act 1956 has set up the Commission to investigate and identify the persons responsible for the Faizabad dharna and recommend legal action against them, and issued its notification dated 15-11-23. He added that the Commission would be headed by retired PSP officer Syed Akhtar Ali Shah and comprising former Inspector General of Police Tahir Alam Khan and Additional Secretary Ministry of Interior Khushal Khan. 

The attorney general told the court that the federal cabinet had also approved the detailed terms of reference (TOR) of the commission, while later its gazette notification was also issued. The commission will function under 10 TORs, will investigate the illegal funds received by the TLP and suggest action to be taken against those responsible. 

He said that under the TOR, the commission will complete its inquiry in two months and submit a report to the federal government. It will also determine the violation of the PEMRA code of conduct during the sit-in. It will examine whether a public office holder violated the law or not. The commission will also determine the government officers and secret agencies involved.

It will also decide about departmental action against intelligence agencies and government officials. It will also suggest action against those spreading hate speech and inciting terrorism. Provincial and federal governments will be bound to assist the commission, as per the TOR. 

The commission secretariat will be in Islamabad and its expenses will be borne by the federal government. If it requires time beyond two months, it will ask the federal government, the TOR added.

At the previous hearing, the Supreme Court had allowed 12 review petitions against the Faizabad dharna verdict to be withdrawn. The attorney general had assured the court that the federal government accepted the Faizabad sit-in verdict and would form a commission over it.

During the proceedings, the Chief Justice asked Sheikh Rashid why he filed the review plea in the first place, adding that it cannot happen that the orders came from somewhere else to do so. 

The former minister responded that it was filed due to some misunderstanding. “Everyone knew the truth, but nobody talked about it. Nobody has the courage,” the CJP said. Rashid’s lawyer said that these days, especially, it is hard to speak the truth and gather courage.

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