Federal Govt Withdraws Petition as SC Hears Faizabad Sit-in Review Pleas Today

Thu Sep 28 2023
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ISLAMABAD: The federal government on Thursday applied to the Supreme Court to withdraw its plea against the Faizabad sit-in verdict as the three-member Supreme Court bench is all set to hear the set of review petitions against the apex court’s 2019 order.

The federal government had filed the plea through the Ministry of Defence and now decided to withdraw its petition. Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa-led bench three-member bench comprising Justice Athar Minallah and Justice Aminuddin Khan will hear the review petitions against the verdict on the Faizabad sit-in staged by the Tehreek-e-Labbaik Pakistan (TLP) in 2017 against the then Pakistan Muslim League-Nawaz (PML-N) government.

It is to mention here that the Pakistan Electronic Media Regulatory Authority (PEMRA) and Intelligence Bureau (IB) also filed similar applications in the court, seeking the withdrawal of their petitions against the verdict.

Last week, the apex court said that it would hear the petitions against the verdict of the Faizabad sit-in case on September 28 (today).

The review petitions were filed by the Ministry of Defence, the IB, the Pemra, the Election Commission of Pakistan (ECP), the PTI, the Mutta¬hida Qaumi Movement (MQM), Awami Muslim League chief Sheikh Rasheed Ahmed and senior politician Ejazul Haq. Rasheed’s lawyer has also sought adjournment of today’s hearing, saying his client was in the custody and could not be contacted.

On February 6, 2019, a two-member bench of the apex court comprising the now-CJP Isa and Justice Mushir Alam recommended that persons, issuing an edict or fatwa to harm another person must be dealt with iron hand. The court also ruled that the intelligence agencies of the country must not exceed their respective mandates. Later, the bench disposed of the suo-moto case regarding the 2017 Faizabad sit-in staged by the TLP.

The 43-page verdict issued by the two-judge bench read: “Every citizen and political party has the right to assemble and protest provided such assembly and protest is peaceful and complies with the law imposing reasonable restrictions in the interest of public order. The right to assemble and protest is circumscribed only to the extent that it infringes on the fundamental rights of others, including their right to free movement and to hold and enjoy property.”

In November 2017, the apex court took suo-moto notice of the three-week-long sit-in, which was held against a change in the finality-of-Prophethood oath, termed by the government as a clerical error, when the government passed the Elections Act 2017. The sit-in was called off after the protesters reached an agreement with the government.

 

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