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Tuesday March 19, 2024

Faizabad sit-in: IHC questions interior minister, issues notices to administration

By Faisal Kamal Pasha
November 21, 2017

ISLAMABAD: Expressing displeasure, the Islamabad High Court (IHC) on Monday asked the government to explain as to why it had failed to clear the Faizabad Interchange of Tehreek Labbaik Pakistan (TLP) protesters.


The TLP leaders and activists have been picketing at the interchange since November 6, disrupting the routine life in the twin cities of Rawalpindi and Islamabad.


"This is a very serious situation that despite a request to the leadership of the sit-in and directions given to the district administration, no material progress has been shown except negotiations, negotiations and negotiations," said Justice Shaukat Aziz Siddiqui, who heads the one-member bench.


The court served show-cause notices on secretary interior, IGP Islamabad, chief commissioner and deputy commissioner Islamabad Capital Territory (ICT) seeking explanation as to why the protesters had not been removed from the interchange despite the November 17 directions.


In his Nov 17 orders, Justice Siddiqui had directed the ICT administration to clear the interchange of TLP protesters by the morning of November 18. The bench had also directed the administration to get assistance from the Frontier Constabulary (FC) and Rangers if the circumstances require so.


Issuing notices to the respondents, the order said: "Let show cause notices be issued to the respondents that why contempt of court proceedings may not be initiated against them, as they failed to comply with the order dated November 17, 2017.”


The bench further directed that the file of contempt proceedings be prepared and numbered separately. Justice Siddiqui directed Minister for Interior Ahsan Iqbal to come to the dais and explain as to why the court orders had not been implemented.


Ahsan Iqbal, accompanied by secretary interior, explained that maintaining law and order and protecting rights of the citizens was the government’s responsibility and it had all the will to implement the court orders.


He said since the court orders were with reference to the applicability and enforcement of law, therefore all endeavors had been made to implement the same, but since the issue was very sensitive and there was a genuine apprehension that the protesters might resist their eviction using arms, therefore, efforts had been made time and again to talk out the issue, but unfortunately no effort proved fruitful.


Ahsan Iqbal assured the court that the state writ will be enforced and the rights of citizens fully protected and restored. The minister said he was confident that the issue will be resolved in a couple of days. He requested the court to give more time to the government till Thursday.


In its orders, the court noted: "Obviously, the district administration finds itself in the arena of uncertainty due to involvement of high-ups; therefore, no material effort made, which is not appreciable". The bench said it was a constitutional court and it had to protect the rights of the citizens in its territory.


The orders said: "The Islamabad High Court being custodian of the rights of more than eight lakh citizens dwelling within the Islamabad Capital Territory cannot leave them at the mercy of those who siege the city at a place which is of most strategic in nature. Sufferings of the citizens are beyond control and this situation required proactive approach by the ICT Administration.


It is beyond comprehension how any person or group of persons, whosoever, can be allowed to frustrate an order passed by a constitutional court and at their own extend date of implementation. This really is an effort to undermine the authority of court, which cannot be taken lightly".


The court said the government was helpless in removing the protesters and asked as to why it had allowed them to picket at the interchange. It said the issue was not of religion or secularism but of the rights of citizens.


The court handed Ahsan a copy of judgment titled Faiz Ahmed Cheema Vs Federation of Pakistan in which certain guidelines and parameters for handling a protest, sit-in are mentioned and a place known as "Democracy Park & Speech Corner" was notified to be used for such activities.


When the court asked as to why the district administration had not taken the protesters to Democracy Park & Speech Corner specified for such activities, Ahsan Iqbal said when the protesters started off their journey from Lahore, it was an understanding that they will protest at the specified place. He assured the court that all necessary steps would be taken to implement the court judgment and in future nobody would be allowed to protest or stage a sit-in except at the specified place. The bench put off hearing till November 23.


Talking to the media after attending the court proceedings, Ahsan Iqbal said international conspiracies are being hatched to create instability in Pakistan. He said the sit-in protesters were not serving the cause of Khatm-e-Nabuwat by any means and were instead tarnishing the country's image abroad.


“I have requested the court to give us more time, so that the government, through the Ulema and Maskaikh, can convey to the protesters that there is no problem at all regarding the issue of Khatm-e-Nabuwat. The Khatm-e-Nabuwat law has strengthened more than ever before. So much so that Sections 7B and 7C which were made part of the Constitution during the Musharraf government in 2002 for 10 days only and had gone repealed, this government has made the two said sections a permanent part of the Constitution,” he said.


This is big success for the believers in Khatm-e-Nabuwat and all those who believe in the finality of the Prophethood of Hazrat Muhammad (SAW) should celebrate this success throughout the country. Pakistan's Parliament and its 200 million people are guardians of Khatm-e-Nabuwat.


To spread an impression that there could be a compromise on Khatm-e-Nabuwat and to spread hatred on this pretext is a crime that cannot be allowed. We have the same intensity of belief in Khatm-e-Nabuwat that anyone else has whether he is participating in the sit-in.”


Ahsan said when the court reprimanded the district administration for their failure to remove the protesters, he took all responsibility and told the court that the operation was not initiated due to his directions as he wanted to sort out this problem in a peaceful manner.


He said conspiracies were being hatched to repeat a Model Town or Lal Masjid like episode but the government had to sort this problem out in a peaceful manner. Iqbal said Holy Prophet Muhammad (SAW) had promised Jannah as reward for those who even remove obstacles from a thoroughfare. He condemned the sit-in leaders for saying that if girls could not attend school even for a year there was no harm in it.


“Whosoever believes in Holy Prophet Muhammad (SAW), it is not appropriate for him to afflict misery on the fellow Muslims. Students, patients and office going people are suffering due to the blocking of roads. The month of Rabi-ul-Awwal has started and for the reverence of this month, the protesters should end their sit-in, so that everybody could celebrate Jashn-e-Eid Milad-un-Nabi in their vicinity.”