Failure to clear sit-in; Minister issued contempt notice

ISLAMABAD: An Islamabad High Court (IHC) bench Friday declared that the protest/sit-in at Faizabad interchange is an anti-state and terrorism activity. The bench also raised questions about the role of intelligence agencies. In Thursday’s order, it said: "There is serious need for our sensitive institutions to dispel this impression that activity at Faizabad interchange (dharna) is sponsored by the intelligence agencies. Therefore, sector commander of ISI and DG Intelligence Bureau (IB) are directed to appear in person on the next date, the bench said.
The IHC bench comprising Justice Shaukat Aziz Siddiqui also issued show-cause notices to Interior Minister Ahsan Iqbal telling him that contempt of court proceedings could be initiated against him for flouting court orders.
When the IHC bench inquired from the chief commissioner Islamabad Zulfiqar Haider that why the court order was not implemented, he submitted that interior minister stopped the ICT administration from acting on the orders of the court, so that negotiation process may continue.
Meanwhile a district magistrate Islamabad Capital Territory (ICT) had issued a notice to the sit-in protesters asking them to vacate the roads by 12 in the Friday night in compliance with the orders of Supreme Court and IHC.
The IHC bench directed the district administration not to use fire arms for vacating the Faizabad interchange. The IHC bench expressed its astonishment over non-compliance of the court order of Nov 17 and said that “It is beyond understanding that how federal minister or even prime minister can sit over an order, passed by the court of competent jurisdiction, unless not reversed by the appellate court".
The bench said: "This clearly is an effort to undermine the authority of the court and blatant act of contempt; therefore, let show-cause notice be issued to Ahsan Iqbal to explain that under which authority of law, he stopped the administration from acting upon the order passed by this court and why contempt of court proceedings may not be initiated against him. He is directed to appear in person on the next date.”
The IHC bench directed registrar office that the file of contempt proceedings be prepared and numbered separately.
The bench observed: "Sit-in is about to complete its third week. During this period, life in twin cities remained paralyzed.” This is not freedom of expression rather anti-state activity, calling the honourable judges of superior judiciary and other respectable persons by names is intolerable.
The bench said, "Patient dying for not reaching hospitals, traders crying for lack of business activity, students are being deprived of their right to education and right to free movement of almost six million people of twin cities has been usurped by the dictatorial act of one person and passive approach of law-enforcing agencies was adding to the miseries of the citizens".
The bench said that leadership of sit-in, prima facie, involved in act of terrorism; therefore, all institutions of the state are expected to act in unison. It is made clear that faith of Khatm-e-Nabuwat is of every Muslim and few persons cannot be allowed to claim exclusive right for its protection.
The IHC bench directed registrar office to fix the two petitions of Maulana Allah Wasaya and Tehreek Labbaik Ya Rasool Allah (TLYRA) on Monday, Nov 27, instead of 29. In the two said petitions, petitioners were asking from the court to direct the respondents to make public and publicise the report of Senator Raja Zafarul Haq committee who was constituted to fix responsibility for amending the oath regarding Khatm-e-Nabuwat in the election laws.
Further, Justice Siddiqui has directed secretary, Ministry of Interior, to ensure production of Raja Zafarul Haq committee report before the court. The bench has directed that the report shall not made public till next hearing but the persons at whom responsibility has been pasted shall remain within Pakistan and would not allow to leave the country.
Commenting on the role of intelligence agencies, the IHC said there was serious need for our sensitive institutions to dispel this impression that activity at Faizabad interchange (Dharna) is sponsored by the intelligence agencies; therefore, sector commander of ISI and DG Intelligence Bureau are directed to appear in person on the next date.
Chief Commissioner ICT submitted before the court that all practical efforts shall be made to enforce the writ of state as it is requirement of law. IHC bench said that in order to protect the rights of six million citizens of twin cities, all lawful steps be taken to clear Faizabad interchange.
The ICT chief commissioner submitted that it was totally incorrect perception that the ICT, administration lack capacity and will to perform its duties related to law and order. The case was then adjourned till Nov 27.