Islamabad: Chief Justice Qazi Faiz Isa has said that if the Faizabad sit-in case decision had been implemented, the incident of May 9 might not have happened.
The Faizabad dharna review case was heard by a three-member bench headed by Chief Justice Qazi Faiz Isa.
The Chief Justice said that I do not understand at what level the mind has prepared this report, the commission does not know what their responsibility was, the inquiry commission prepared the report based on the statement of Faiz Hameed. How much damage was done, no one cares, set fire, kill, it has now become the right of some people, Pakistan was formed, tell me where someone set fire? It’s all about setting fire everywhere.
The Attorney General said that General Rafiz Hameed told the commission that it is not the responsibility of ISI to look into financial assistance matters.
Chief Justice Qazi Faiz Isa said that if it is not his responsibility, then whose responsibility is it? In one paragraph of the report, they are saying that it is not the responsibility of ISI to look into financial matters, in another paragraph, they are writing that no evidence of financial support of TLP was found, the commission is saying that the Punjab government is not responsible for what they were doing. The commission is saying that Rana Sanaullah was running the Punjab government and he is responsible. The commission did not say who violated the oath. How can the commission say that the protesters should have been stopped in Punjab? I don’t know. Who was afraid of what? The inquiry commission feels that there is a grudge against the Punjab government, and wrote the entire report against the Punjab government.
The Chief Justice said, “How much damage has Pakistan suffered from the Faizabad sit-in? Read the Supreme Court’s decision, kill, burn, surround and leave. What is the procedure?” I am disappointed with the inquiry commission report, they say just move forward, how can you move forward without learning from the past?
This commission did not give any finding on anything, it was your job to determine the person responsible, the inquiry commission took the power of the parliament and the court but did not do the work it was supposed to do. They are doing strange things here, the commission is saying that they are not responsible for what they are doing, the Punjab government is responsible.
Justice Irfan Saadat Khan said that the commission has put all the blame on the Punjab government.
Chief Justice Qazi Faiz Isa said that the commission is saying that there are laws, follow them, thank you very much, did we need to form a commission to say this? Had the 2019 decision been followed, the May 9 incident might not have happened.
The Attorney General said that the review petitions written by the commission were unanimously filed by all and withdrawn on their own grounds.
The Chief Justice said that Masha Allah, I don’t know how these people with the commission stayed in the police. It is like asking a thief if he did not steal. There were so many revision petitions filed together, someone must have approved the revision, what would the lawyer do, where are all the records?
The Attorney General said that there is no statement of any member of TLP in the inquiry commission report.
The Chief Justice of Pakistan said, did the commission call anyone on behalf of TLP? Perhaps the TLP members would have supported the commission, maybe they were afraid while calling the TLP, they would have taken the stand of those they were inquiring about. was the head of and did nothing, perhaps the inquiry commission had a problem with Rana Sanaullah?
The Attorney General said that even those from whom weapons were recovered were not called.
The Chief Justice of Pakistan said that the intention of those who brought arms was clear that they were not peaceful protestors, tell me why revision petitions were filed in the Supreme Court? Was filing 15 revision petitions against Faizabad dharna decision a coincidence?
On the order of the court, the Attorney General read the statement of the DGIB, on which the Chief Justice said that it seems that the DGIB has prepared a report from home and submitted it. This report is very disappointing. Not even called? Was the Commission afraid of Tehreek Labeek?
Justice Irfan Saadat said that those who provided food and drink items to the protestors were called and their statements were taken, but why was Tehreek-e-Labik not called?
The Chief Justice said that the Inquiry Commission would have written an article in the newspaper instead of the report. The Inquiry Commission did not even leave the office. It is also wrong to use it, idioms were taken from here and there and sent in the report. It seems that the purpose of the entire inquiry commission report was to give a clean chit to Faiz Hameed.
The Attorney General said that Faiz Hameed said in the statement that the ISI did not fund the sit-in.
Chief Justice Qazi Faiz Isa said that Faiz Hameed gave this fatwa and the commission accepted it. Was Faiz Hameed called in a personal capacity? The Attorney General said that the Inquiry Commission had sent a questionnaire to Faiz Hameed, which had received a reply.
The Chief Justice said, Oh, it’s good! The inquiry commission did not even dare to call Faiz Hameed? The commission did not even write the name of Faiz Hameed in its decision.
The Chief Justice said that the commission did not do the work it was given, the rest should write things to fix the whole of Pakistan.
Justice Irfan Saadat said that the commission wrote that the promotion was given to those who have done the hard area, what kind of thing is this, send them to the rough area? On this, the Attorney General said that they have very modern weapons.
The Chief Justice said that was any money given to the commission for the inquiry? On this, the Attorney General said that he cannot tell the actual amount yet, but they have been paid. The Chief Justice said that should the commissioners be called for an answer? Does the federal government accept this report? The Attorney General said that I will take instructions from the federal government on this.
The Chief Justice said that we don’t want to reject anyone without hearing them, we will also notice the commission and listen, ask the government and tell them whether the commission report is in accordance with the TORs.
Justice Naeem Akhtar said that the commission took the statement of Absar Alam on oath while Faiz Hameed was not taken on oath. Absar Alam asked whether the commission report will be public. On this, the Chief Justice said that the report has come to the Supreme Court, now the government should decide whether to make it public or not.
The Attorney General said that the government will review the report and give an opinion and then make a decision to make it public. Later, the Chief Justice started writing the order for today’s hearing in the Faizabad dharna review case
The Chief Justice said that coming to a related question, why did the federal government not legislate in the light of our decision, is there another 9th of May waiting, if you had been alert for the legislation earlier, then there would not have been 9th of May.
Later in the order, it is said that the commission submitted a report containing 149 pages and consisting of seven volumes on March 6. In our opinion, the report is not in accordance with the terms of reference. Not done, the commission assumed that the trip to Islamabad for protest was not according to the constitution, the Supreme Court decree said that peaceful protest is a right, the report of the commission shows provincialism.
