Faizabad sit-in case: Why finance security organs that don’t function, questions SC

ISLAMABAD: The Supreme Court (SC) on Wednesday questioned why funds be spent on security institutions that are not functioning, expressing disappointment on the performance of intelligence agencies with regard to monitoring the Fiazabad sit-in staged by the leaders of two religious parties last year.

A two-member bench of the apex court, comprising Justice Mushir Alam and Justice Qazi Faiz Isa, heard the case and expressed dissatisfaction over the report submitted by the Pakistan Electronic Media Regulatory Authority (Pemra). It directed for a fresh report over the matter in 15 days.

The court observed thathere was nothing concrete in the report and Pemra should file a fresh report. The court expressed dissatisfaction over the report submitted by the Inter-Services Intelligence (ISI) and directed Attorney General Ashter Ausaf to take a briefing from intelligence agencies, including ISI, and submit a report in 15 days.

If the learned Attorney General is convinced that the information and briefing given to him by the intelligence agencies was of confidential in nature and needs to be dealt with in-camera, the court will consider it, Justice Mushir Alam noted down in the court’s order.

The court also directed the learned Attorney General to assist it for taking effective measures for regulating and controlling the activities of social media in order to ensure protection of the security of the country.

At the outset of the hearing, Justice Qazi Faiz Isa observed that the people want to know the motive behind this sit-in, questioning as to what were the sources and income of the protesters who paralyzed the life of twin-cities Rawalpindi-Islamabad for 17 days.

“Everybody has the right to know and you will have to answer it”, Justice Isa asked the learned Attorney General Ashter Ausaf. "Whatever in my limited capacity I am doing my job and will assist the court," Ausaf replied.

“Are you sure that every organisation was doing its job,” Justice Isa questioned, adding who could be held responsible for the loss of the child who died on the way to hospital due to blockade of roads.

“All the institutions were threatened by the protesters but nobody is willing to tell the truth,” Justice Isa further remarked. He questioned as to whether the ISI and Intelligence Bureau (IB) were monitoring those social media websites, carrying messages regarding national security and integrity of the country.

Justice Isa further observed that the instant matter should not be viewed in political domain as the State is all above this. “There should not be two views on the security of Pakistan and we are talking about the pillars of the state including judiciary”, Justice Isa remarked, adding that when there is an attack on any institution, it is an attack on Pakistan.

“We have strong concerns on the role of agencies, particularly the ISI, in the given critical situation,” Justice Isa observed and questioned as to why funds were being spent on these secret agencies which do not know what was going on in the country.

Justice Isa said Pakistan did not come into being due to the army, but it was created in the wake of peaceful political movement, launched by the Muslims, rendering sacrifices for the homeland.

He observed that millions of peaceful protesters of the All India Muslim League had struggled for the creation of Pakistan but these protesters did not take law into their hands.

The Attorney General said there is no question of the sacrifices rendered by the people for the creation of the motherland. He said the intelligence agencies have also made sacrifices adding that the fact should also be kept in mind that a war had been inflicted already on the country. Therefore, he said that questions should not be raised regarding an institution.

"That’s what we are repeating. What was the role of these intelligence agencies and what they were doing as well,” Justice Isa replied to AG. He further observed that majority of the media was very responsible. He noted that Pemra had some soft corner for some black sheep in some media.

The court also rejected the plea of senior lawyer Syed Iftkihar Hussain Gillani, pleading for becoming a party in the instant matter. It asked him that, if needed, his assistance will be sought on legal matters.

Gillani submitted before the court that the matter relates to public importance adding that for the last 10 years, containers had been placed on the main Constitution Avenue. The court observed that Pemra could not be non-functional in the absence of its chairman adding that the authority is authorised to function without its head.

Ashtar Ausuf told the court that nine people in Punjab and three in Sindh lost their lives during the protests, 194 police officers were injured in Islamabad, adding that no security official was killed during the protest but one lost his eye.

Justice Isa observed that this was an attack on Muslims by Muslims. During the hearing, the court recalled that on the previous hearing it had asked the authorities to explain as to what were the sources of income of the leaders of the protesters but it was not informed.

It asked whether there exists any cell in the ISI that could monitor such activities. A representative of the Ministry of Defense told the court he can inform the court after getting the relevant information in this regard.

Justice Isa said why an official was standing before the court who cannot answer their questions. Later, the court adjourned the hearing until the first week of February with the direction to AG to take a briefing from secret agencies and submit report in 15 days.