ISLAMABAD - Questioning the mandate of country’s premier intelligence agency Inter-Services Intelligence (ISI), the Supreme Court has directed the federal government to submit under what law and regulations the ISI is being governed.
The top court also asked whether the State should respond to the protests as it did in earlier protests including those of May 12, 2007 and that sit-ins of ruling Pakistan Tehreek-e-Insaf (PTI) and Pakistan Awami Tehreek (PAT).
The top court also hinted at setting the parameters of the protests and how the State should respond to these.
“We also need to determine the parameters of protests and how these have to be handled by the State. In this regard whether there are parallels with earlier protests and how those were handled, including those of 12th May, 2007 in Karachi and the Pakistan Tehreek-e-Insaf (PTI) and Pakistan Awami Tehreek (PAT) dharna at D-Chowk, Islamabad,” stated a five-page written order of the top court in a suo moto case on Faizabad sit-in staged by Tehreek-e-Labbaik Pakistan (TLP)
The bench in its written order on November 16 hearing observed that the Director Legal of Ministry of Defence Falak Naz did not mention under which law the ISI is being governed, when asked by the court.
“We enquired from Brigadier Falak Naz, Director (Legal) about the law/regulations/ instructions which determine the mandate of ISI. He states that ISI is governed by the “law of the country”, but without mentioning any law,” the written order issued on Tuesday stated.
“We accordingly direct the Secretary Ministry of Defence, which is stated to be the ministry under which ISI comes, and the learned AGP (Attorney General for Pakistan) to submit the law/rules/regulations governing ISI and its mandate.”
The top court also observed that the one-day holiday by the Secretary Election Commission of Pakistan (ECP) on the date of hearing creates impression that this hearing is being avoided.
The ECP’s report has stated that those who had resorted to the dharna at the Islamabad Fiazabad interchange were registered as a political party.
“We would want to hear the ECP and the learned AGP on the question whether a party that brought the country to standstill, caused massive economic loss, the loss of life, injured law enforcement personnel and caused destruction of public and private property can be registered as a political party or be allowed to continue as such,” observed the written order.
The reply filed by ECP also reveals that the documents presented for registration by the political party were by a person who held a National Identity Card for Overseas Pakistanis (NICOP) which showed his residence to be in the United Arab Emirates.
The top court in its order further observed that ECP cannot answer whether the said person, on whose name the party is registered, possesses a Pakistani passport or a dual-national or is a foreign national.
Instead, the top court observed, ECP stated that a political party can also be registered by those having NICOPs, but with referring to any provision of the law.
On contention of ECP’s Director General Law Muhammad Arshad that the Election Act and Elections Rules are cosmetic in nature, the top court observed, “We are amazed that a senior employee of the ECP, that is the Director General (Law), ECP, is himself undermining the Election Act and the Elections Rules.”
“The ECP is also required to enforce Articles 218 and 219 of the Constitution. In view of the said constitutional and legal provisions, the statement of the Director General causes grave concern.”
“Needless to state, the credibility of the ECP is tarnished and undermined when its own senior officer states that its law is cosmetic,” the top court observed. “ECP is empowered to take action pursuant to the Election Act against recalcitrant, but if the statement of the Director General is reflective of the view of the ECP then it appears that ECP does not intend to do anything despite the law being violated.”
ECP is therefore directed to submit in writing whether it subscribes to the views of DG Law Muhammad Arshad and if not then what action proposes to take against the political party.
The top court also made observations regarding the complaints restricting some channels in certain areas of the country and on performance of Pakistan Electronic Media Regulatory Authority (PEMRA).
The top court observed that PEMRA Chairman Muhammad Saleem Baig has not provided document to substantiate his statement regarding imposition of fifty thousand rupees on a cable operator who had interrupted the broadcasts.
“Today, in Court, there are seven persons in attendance on behalf of PEMRA but not one of them has the proof of the purported fine/penalty that has been allegedly imposed.”
“Needless to state that broadcast of any channel cannot be curtailed at the whim of any cable operator,” the written order stated, adding that the Chairman whilst not interrupted expressed his ignorance on whose bidding this was done.
“Every channel that operates employs people and generates revenue, including for the government of Pakistan, therefore, by interrupting or blocking its broadcast adversely affects the economy too. The Chairman states that the annual budget of PEMRA is one billion rupees, therefore, the poor performance of PEMRA is all the more regrettable,” it is observed adding that PEMRA has not probed the matter and has demonstrably failed to implement its own law.
The order further stated that Chairman PEMRA also appears to be oblivious of Article 5 of the Constitution, which places an obligation to abide by the Constitution and law upon every citizen and on any other person for the time being in Pakistan.
“Freedom of speech and expression and the freedom of press have been prescribed as fundamental rights in Article 19 of the Constitution. PEMRA’s inability to trace out the culprits is undermining these fundamental rights and the law governing PEMRA.”
PEMRA is also directed to file a fresh report under the signature of its Chairman who should also be in attendance on the next date of hearing.
A two-judge bench of the top court headed by Justice Mushir Alam and comprising Justice Qazi faez Isa will take up the matter for hearing on November 22 again for which the authorities are directed to file fresh reports.