Faizabad Dharna case: ‘Why is everyone so scared?’

ISLAMABAD:  The Chief Justice of Pakistan (CJP) Qazi Faez Isa expressed frustration on Thursday as multiple petitioners seeking a review of the Supreme Court’s 2019 verdict on the Faizabad sit-in chose to withdraw their pleas.

The CJP presided over a three-member bench, with Athar Minallah and Justice Aminuddin Khan as members, during the review petition hearing.

“Why is everyone so apprehensive?” remarked the chief justice.

The review petitions were filed by various parties, including the federal government, Pemra, and IB, against the decision authored by CJP Isa in 2017.

Additionally, the federation, the Pakistan Tehreek-e-Insaf (PTI), and the election commission also decided to withdraw their review petitions against the verdict.

PTI lawyer Ali Zafar informed the court of their decision not to pursue the case, and Attorney General for Pakistan Mansoor Usman Awan similarly notified the court of the federal government’s withdrawal of its review petition.

One of the PTI’s founding members, Akbar S Babar, addressed the Supreme Court, expressing concern over the delay in implementing the decision regarding PTI’s party funding, which led to his appearance before the apex court. In response, CJP Isa suggested that if petitioner Sheikh Rashid’s lawyer had become a minister, he should appoint a replacement.

PEMRA follows suit, withdraws review petition in Faizabad dharna case

Notably, no counsel appeared on behalf of the MQM, another petitioner in the case.

CJP Isa questioned whether the alleged errors in the previous verdict had been corrected, emphasizing that those who remained in positions of authority were now offering lectures on TV and YouTube.

He proposed keeping the petitions pending and encouraged anyone wishing to make statements to submit written statements. While some petitioners sought to withdraw their petitions, Sheikh Rashid’s lawyer indicated their intention to pursue their petition.

CJP Isa clarified that the court had made comments on a classified report regarding irresponsible statements by politicians without naming anyone specifically. He asked petitioner Ijazul Haq’s lawyer to submit an affidavit confirming the accuracy of their stance.

CJP Isa inquired of AGP Mansoor Usman why he was withdrawing the petition, prompting the AGP to mention an order received from authorities. The CJP urged him to disclose the source of the order openly, asking why he was afraid to speak the truth.

The CJP also asked the attorney general for Pakistan if he should not be fined for wasting the court’s time and causing concern in the country. He insisted on knowing who had ordered the review petition and where the order had originated. He further mentioned the May 12, 2007 Karachi riots and inquired whether that should be forgotten.

The AGP stressed the importance of implementing the court’s verdict in the Faizabad dharna case. CJP Isa observed that it was intriguing that those who should have filed a review petition did not, commending the Tehreek-e-Labbaik Pakistan (TLP) for accepting the verdict.

CJP Isa concluded by emphasizing that orders in Pakistan came from “higher authorities,” not from a divine source. He expressed frustration over the inability to reach Khadim Rizvi and urged transparency in acknowledging such orders. Addressing the Election Commission (ECP) counsel, CJP Isa noted the ECP’s status as a constitutional institution and asked the lawyers to reveal who had ordered the ECP to file a review petition and subsequently to withdraw it.

He noted the common practice in Pakistan of letting bygones be bygones and inquired about the casualties in the May 12, 2007 Karachi incident, suggesting it should be forgotten.

Observing that “we haven’t learnt a lesson from the incidents of Faizabad sit-in and May 12,” Chief Justice (CJP) Qazi Faez Isa adjourned the hearing of various review petitions until November 1.