SC directs Govt, security institutions to work within mandate

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Faizabad sit-in
Top Court ruled that any “person issuing an edict or fatwa, which harms another or puts another in harm’s way, must be criminally prosecuted
INP
ISLAMABAD
The Supreme Court (SC) on Thursday announced its verdict in the suo motu case regarding the 2017 Faizabad sit-in staged by the Tehreek-e-Labbaik Pakistan (TLP).
The two-member bench comprising Justice Qazi Faez Isa and Justice Mushir Alam directed the federal and provincial governments to monitor all elements “advocating hate, extremism and terrorism and prosecute the perpetrators in accordance with the law”.
As per the written verdict authored by Justice Qazi Faez Isa, the Supreme Court has ruled that any “person issuing an edict or fatwa, which harms another or puts another in harm’s way, must be criminally prosecuted under the Pakistan Penal Code, the Anti-Terrorism Act, 1997 and/or the Prevention of Electronic Crimes Act, 2016.”
The verdict directed intelligence agencies (including ISI, IB and MI) and the ISPR to not exceed their constitutional mandate.
Directing the state’s security apparatus to not interfere with broadcasts and publications, the court further instructed the intelligence agencies to monitor “all those who threaten the territorial integrity of the country and all those who undermine the security of the people and the State by resorting to or inciting violence”.
The two-member bench, in its verdict, suggested that “it would be appropriate to enact laws which clearly stipulate the respective mandates of the intelligence agencies” to ensure transparency.
“The Government of Pakistan through the Ministry of Defence and the respective Chiefs of the Army, the Navy and the Air Force are directed to initiate action against the personnel under their command who are found to have violated their oath.”
Justice Isa concluded the written verdict by quoting Quaid-e-Azam Muhammad Ali Jinnah: “I consider it my duty to call upon the Muslims to temper their resentment with reason and to beware of the dangers which may well overwhelm their own State.
“Should they allow their feelings of the moment to gain mastery over their actions. It is of utmost importance that Pakistan should be kept free from disorder, because the outbreak of lawlessness… is bound to shake… its foundation and cause irreparable damage to its future.
“I pray to God that He who has bestowed on us this great boon of a sovereign State, may now give our people courage to… preserve intact the peace of Pakistan for the sake of Pakistan.”
The bench had reserved judgement on November 22 last year, a year after initiating suo motu proceedings on November 21, 2017.
The bench conducted several hearings and examined both role of the intelligence agencies particularly the Inter-Services Intelligence (ISI), as well as conduct of the TLP.
Interestingly, hearings of the case were not held for four months when the TLP was busy in campaigning for the July 25, 2018 general elections. The bench resumed hearing of the case in October 2018 and later raised a question about registration of the TLP as a political party.
During the November hearings, Justice Isa had lamented that supremacy and sovereignty of parliament was continuously being undermined, and asked if the country’s future would be determined by the parliament or ‘insidious forces’.
Justice Isa had made it clear that ‘every force’ in the country is subservient to the Constitution and if anyone is not then it is a ‘traitor’ in view of Article 5 and 6 of Constitution. “Are we living in a police state? We have already lost half the country,” he had remarked.
The judge had also inquired about the ‘force’ that decides which channels can be run and which cannot.
“I will not live in a state of fear. If freedom of speech and access to information cannot be ensured then Article 19 and 19 (A) of the Constitution should be repealed. Do not make a mockery of the state. We have allowed controlled media state,” he said.
Expressing concern over the present state of affairs, Justice Isa had said Pakistan did not come into being through a battle but because of constitutional minds of Quaid-e-Azam, Liaquat Ali Khan and his father. “No bullet was fired during the movement as pen, paper and tongue were used.”