ISLAMABAD: The Supreme Court on Thursday observed that the Pakistan Army was part of the executive, and if someone had played a positive role it should be commended.
The court gave this observation during the hearing of the Faizabad sit-in case. A two-member bench, headed by Justice Qazi Faiz Isa and comprising Justice Mushir Alam as member, heard the case.
Justice Isa remarked that it was wrong to say that the army was separate from the government and advised against maligning both the government and the army. “Those doing such things are working on their personal agenda”, he said.
The court asked as to how the protesters disrupted routine life in the twin cities of Rawalpindi and Islamabad for 20 days and got access to teargas shells and sticks. It asked as to how the country would be protected when even the federal government could not be secured from attacks.
The court also expressed reservations about the role played by the media during the sit-in and warned the media outlets to abide by the law and refrain from telecasting speeches fuelling hate, violence and sectarian unrest in the country.
The court observed that after the executive, the legislature and the judiciary, the media was the fourth organ of the state and there was no fifth organ (of the state). Justice Isa remarked that the country’s roots were being chopped while the agencies were ignoring it.
He said all citizens of Pakistan were accountable. “They don’t have guns but are defenders of the state and the Constitution. Those who took oath to protect the state and the Constitution are bound to remain faithful (to the state) under Article 5 of the Constitution”, Justice Isa said, adding that the sit-in had not ended yet, as they had come to know that it was still in progress.
The Islamabad Police submitted a sealed report to the court prepared by the ISI and IB but the judges expressed dissatisfaction (with the report) and expressed annoyance at the secret agencies representatives’ failure to appear before the court.
Justice Isa observed that as per reports, no one was killed or injured during the sit-in and questioned whether the media had misreported. At this, the court was informed that there was no loss of life in Islamabad except 72 policemen who were injured and three vehicles set ablaze.
Additional Advocate General Punjab told the court that there were incidents of killing in the Punjab but reports were not sought from the provincial government. The deputy attorney general told the court that the report received by the Attorney General’s office from the Punjab government bearing no signatures stated that there was no incident of loss of lives.
According to the report, the law officer said, vehicles of Rescue 1122 and Metro Bus service got damaged. However, quoting the Ministry of Interior report, Justice Isa said there had been a loss of Rs146 million and questioned as to who will be responsible for this loss.
The court was informed that around 27 cases were registered during the sit-in. Justice Mushir Alam asked the law officer as to how many cases were registered against those who had arms and explosive devices. He asked if the sit-ins will be held in the country for achieving goals.
“Apart from doing politics, one should also think about the country and respect the freedom that has been achieved, and doesn’t destroy it,” Justice Isa remarked. He said the court could not shut it eyes to what had been seen during the incident. The court adjourned the hearing with the ruling that an appropriate order will be issued later on.
