Another commission, another inquiry

December 3, 2023

Faizabad Commission gets down to work

Another commission, another inquiry


F

ollowing a direction from the chief justice of Pakistan, the federal government has constituted a three-member commission to probe into the 2017 sit-in by the Tehreek-i-Labbaik Pakistan.

The commission comprises Syed Akhtar Ali Shah, a former civil servant who has served as Khyber Pakhtunkhwa’s police chief; Tahir Alam Khan, also a former police officer, and Khushal Khan, an additional secretary at the Ministry of Interior.

The commission has been asked to conclude its inquiry in two months.

The TLP had apparently staged the sit-in to protest against an amendment to the election law with regard to a declaration by potential lawmakers affirming their belief that the Holy Prophet Muhammad (peace be upon him) was the last prophet of God.

Earlier, the CJP had rejected a fact-finding committee formed by the government to investigate the matter and ordered that a commission of inquiry be formed to reveal the mastermind behind the sit-in.

The Faizabad sit-in commission has started slowly, calling government officials and public officeholders. The commission has been asked to “fix responsibility of any person and/or government officers including those working with intelligence agencies” and determine if any disciplinary proceedings or legal action needs to be taken against them. It will also suggest measures for police to handle such rallies in the future and recommend a framework for the federal and provincial governments to effectively monitor and prosecute those who advocate hate and extremism.

According to the commission’s Terms of Reference, it shall also inquire into any illegal financial and/ or other support provided to the TLP for undertaking the sit-in and the events that followed. It will also recommend action against those who issued edicts or fatwas during or in relation to the sit-in that harmed people or put people in harm’s way. The commission will also look into the alleged failure of the Pakistan Electronic Media Regulatory Authority in terms of taking to task the broadcasters and cable operators who violated the provisions of the law and their code of conduct.

The commission has been constituted following hearings by the court regarding the withdrawal of the review petitions by almost all stakeholders against the detailed judgment rendered by Justice Qazi Faez Isa, who had headed the two-member bench four years ago that had authored a strong judgment against this sit-in.

“We will see what the commission concludes in its final report. To say or to believe that somebody was involved in certain acts is different from proving the contention in a court of law,” says Dr Rasul Bakhsh Rais.

The 2019 judgment had instructed the Defence Ministry and the services chiefs to penalise those under their command found to have violated their oath and directed the federal government to monitor those advocating hate, extremism and terrorism and prosecute them in accordance with the law.

The bench had also made adverse observations against several government departments for causing inconvenience to the public as the 20-day sit-in paralysed life in the twin cities.

The judgment, issued in 2019 during the Pakistan Tehreek-i-Insaf government, was followed by a reference to the Supreme Judicial Council and a case against him for alleged tax evasion. The case was later quashed.

Last week, Shahid Khaqan Abbasi, the then-prime minister, appeared before the commission and recorded his statement. Earlier, two former senior officials of Islamabad police had also appeared before the commission and recorded their statements.

The constitution of the commission has drawn the ire of those allegedly involved in questionable activities.

Talking about the potential outcome and impact of the inquiry, political commentator Zahid Hussain has said the formation of the commission to probe into this sit-in itself is a move forward and an outcome. He says, “The commission has been formed on the direction of the Supreme Court. It has been given 60 days. We will see what it says in its report. Whatever findings the commission comes up with will be just a report.”

“We will see what commission concludes in its final report. To say or to believe that somebody was involved in certain acts is different from proving that claim in a court of law,” says Dr Rasul Bakhsh Rais.

“I think some individuals will be named. Whatever action is taken against them will be up to the next government. It will require a lengthy legal procedure. But let us first see the commission’s,” he adds.


The writer is a member of the staff. He may be reached at vaqargillani@gmail.com and @waqargillani on X,formerly Twitter

Another commission, another inquiry