SC verdict suggests govt dispersing Islamabad protesters thru peaceful means
By Sohail Khan
November 25, 2017
ISLAMABAD: The Supreme Court has suggested the government to disperse the protesters of Islamabad sit-in by undertaking such an exercise that is often undertaken in many civilized countries of the world and without any loss of life.
In its detailed order Friday, following Thursday’s proceeding on Faizabad sit-in, a two-member bench of the apex court comprising Justice Mushir Alam and Justice Qazi Faiz Isa commended the government’s move of avoiding loss of life, but ruled that it does not follow that protesters can only be removed by firing upon them.
“Baton wielding or even unarmed law-enforcement personnel, if they are sufficient in numbers, can undertake such an exercise as is often undertaken in many civilized countries of the world and without any loss of life,” the court suggested.
In pursuance of the court order of November 21, the Attorney General for Pakistan submitted through the defence ministry, government of Pakistan, a report prepared by the Inter-Services Intelligence (ISI). The report stated “the TLYRA (Tehreek-e-Labaik Ya Rasool Allah) is determined to exploit the situation by gaining political mileage for the next general elections. It was further submitted that “normal life of the ordinary citizens of Rawalpindi and Islamabad, especially those visiting twin cities on daily basis for routine purposes stand paralysed”.
“It appears from this report that the protesters have a political agenda to fulfill,” the court noted in its detailed order. Similarly, the Attorney General also submitted a report of interior ministry, stating that the order issued pursuant to Section 144 of the Code of Criminal Procedure, which was violated by the protesters. The court was informed that the protesters did not obtain the requisite permission from the district administration for taking out a rally or staging a sit-in. The report further stated that the leaders of the protesters have repeatedly violated the promises made by them to disperse and to relocate to the designated protest area in Islamabad, namely, the Democracy Park and Speech Corner. It is also mentions that some orders passed by the Islamabad High Court continue to be violated.
The interior ministry report concluded that the government is “fully aware of its duties and responsibilities towards its citizens” however to avoid, “loss of human lives hence the federal government is still trying to resolve the issue through peaceful means”.
From all accounts it appears that the protesters are well- rested, well-fed, bathed and clothed in clean clothes says the detailed order, adding that the protesters also have access to broadcast paraphernalia while assembled in the middle of public highways where there are no such facilities. The court noted that the protesters are going about freely under the nose of police and the other law- enforcement agencies. “We were informed that shipping containers have also been placed around, near and at different places in the city to prevent the movement of the protesters. However, it appears to no avail as they have decided to camp in the middle of public highways,” the detailed order said. “Whatever may be the protesters agenda, which the ISI states to be political, they cannot be permitted to disrupt the lives of the citizens and to expose them to harm and even death, as in the fatality of the child,” the detailed order added. The court ruled in its detailed order that since it was not satisfied with the reports that have been submitted we also direct submission of additional reports by ISI, IB and Islamabad Police and in case some secret or sensitive information is mentioned therein it may be submitted under sealed cover. The court directed the government to provide details of the expenditure incurred on account of the actions of the protesters. Force and violence (jabr) has no place in Islam. The word Islam itself means peace, but unfortunately the protesters are disregarding the commands contained in the Holy Quran and are preventing Muslims to live their lives in accordance with the injunctions of Islam, says the detailed order.
The court directed the protesters to abide by the stipulations of the Holy Quran and to emulate the exemplary conduct of Holy Prophet (PBUH) and to also abide by the Constitution of Pakistan and the law.
Meanwhile, the court directed the government to submit its implementation report at the next hearing and adjourned to reconvene on November 30.
In its detailed order Friday, following Thursday’s proceeding on Faizabad sit-in, a two-member bench of the apex court comprising Justice Mushir Alam and Justice Qazi Faiz Isa commended the government’s move of avoiding loss of life, but ruled that it does not follow that protesters can only be removed by firing upon them.
“Baton wielding or even unarmed law-enforcement personnel, if they are sufficient in numbers, can undertake such an exercise as is often undertaken in many civilized countries of the world and without any loss of life,” the court suggested.
In pursuance of the court order of November 21, the Attorney General for Pakistan submitted through the defence ministry, government of Pakistan, a report prepared by the Inter-Services Intelligence (ISI). The report stated “the TLYRA (Tehreek-e-Labaik Ya Rasool Allah) is determined to exploit the situation by gaining political mileage for the next general elections. It was further submitted that “normal life of the ordinary citizens of Rawalpindi and Islamabad, especially those visiting twin cities on daily basis for routine purposes stand paralysed”.
“It appears from this report that the protesters have a political agenda to fulfill,” the court noted in its detailed order. Similarly, the Attorney General also submitted a report of interior ministry, stating that the order issued pursuant to Section 144 of the Code of Criminal Procedure, which was violated by the protesters. The court was informed that the protesters did not obtain the requisite permission from the district administration for taking out a rally or staging a sit-in. The report further stated that the leaders of the protesters have repeatedly violated the promises made by them to disperse and to relocate to the designated protest area in Islamabad, namely, the Democracy Park and Speech Corner. It is also mentions that some orders passed by the Islamabad High Court continue to be violated.
The interior ministry report concluded that the government is “fully aware of its duties and responsibilities towards its citizens” however to avoid, “loss of human lives hence the federal government is still trying to resolve the issue through peaceful means”.
From all accounts it appears that the protesters are well- rested, well-fed, bathed and clothed in clean clothes says the detailed order, adding that the protesters also have access to broadcast paraphernalia while assembled in the middle of public highways where there are no such facilities. The court noted that the protesters are going about freely under the nose of police and the other law- enforcement agencies. “We were informed that shipping containers have also been placed around, near and at different places in the city to prevent the movement of the protesters. However, it appears to no avail as they have decided to camp in the middle of public highways,” the detailed order said. “Whatever may be the protesters agenda, which the ISI states to be political, they cannot be permitted to disrupt the lives of the citizens and to expose them to harm and even death, as in the fatality of the child,” the detailed order added. The court ruled in its detailed order that since it was not satisfied with the reports that have been submitted we also direct submission of additional reports by ISI, IB and Islamabad Police and in case some secret or sensitive information is mentioned therein it may be submitted under sealed cover. The court directed the government to provide details of the expenditure incurred on account of the actions of the protesters. Force and violence (jabr) has no place in Islam. The word Islam itself means peace, but unfortunately the protesters are disregarding the commands contained in the Holy Quran and are preventing Muslims to live their lives in accordance with the injunctions of Islam, says the detailed order.
The court directed the protesters to abide by the stipulations of the Holy Quran and to emulate the exemplary conduct of Holy Prophet (PBUH) and to also abide by the Constitution of Pakistan and the law.
Meanwhile, the court directed the government to submit its implementation report at the next hearing and adjourned to reconvene on November 30.
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