ISLAMABAD: The Islamabad High Court (IHC) on Friday expressed displeasure over non-compliance of its order seeking a report on the agreement to end the Faizabad sit-in as well as the report of Raja Zafarul Haq committee which probed into alteration to the declaration related to the finality of Prophet Muhammad (peace be upon him).

Justice Shaukat Aziz Siddiqui resumed hearing of identical petitions against the Faizabad sit-in held by religious groups that paralysed the twin cities of Islamabad and Rawalpindi for over three weeks in November last year.

The protesters were seeking action against the then law minister for the change in the declaration related to the finality of the prophethood. PML-N President Nawaz Sharif had constituted the committee headed by Raja Zafarul Haq to probe the matter.

Justice Siddiqui asks for Raja Zafarul Haq committee report to be presented on Feb 12 even if it is not signed by interior minister

“Where is the report of Raja Zafarul Haq Committee? Produce even it is not signed by the interior minister. Why the Ministry of Defence did not submit a report to fix responsibility that who used the name of the chief of army staff (COAS) in the disputed agreement between Tehreek Labbaik Pakistan and the federal government? Submit report or be ready to face contempt of court proceedings. Where is the report of Intelligence Bureau (IB) on an audio recording about the sit-in? If IB lacks the capacity to identify the voices, submit a report in writing and also inform the court that which other Pakistani institution had the capacity in this regard,” the court order stated.

“Despite availing sufficient time, the report of the Committee headed by Senator Raja Zafar Ul Haq has not been submitted on the pretext that one of the members of Committee i.e Mr. Ahsan Iqbal, Interior Minister is out of country,” the order said.

On January 12, the bench had directed the federal government to produce the report of the committee before the court.

On Friday, when Justice Siddiqui asked about the report, Deputy Attorney General (DAG) Arshad Mehmood Kiani said it could not be presented in the absence of Interior Minister Ahsan Iqbal.

When the judge asked when the minister left the country, he was told that he went abroad three days ago.

The bench observed that the last hearing was held nearly a month ago. “Stop playing games with this court.”

The bench noted in its order, “apparently this is an intentional effort to frustrate the order passed by this Court, of bringing the aforesaid report on judicial record.”

The DAG sought one month to submit the report but the court directed the federal government to produce the report on February 12 even if it is not signed by the interior minister.

A senior joint secretary and a director (legal) Colonel Falak Naz of the Ministry of Defence appeared before the court but did not produce the report on the mention of the COAS’ name in the disputed agreement.

The court reprimanded the officials and said: “It is made clear that in case of failure to file the report this Court shall be constrained to initiate Contempt of Court proceedings against the delinquents, on next date of hearing.”

The bench directed the secretary defence to personally appear before the court on the next hearing and submit the report through either additional attorney general or deputy attorney general.

In connection with the identification of the viral audio, IB Director General Aftab Sultan and Joint Director General Anwar Ali submitted that the bureau lacked the facility of voice matching. The bench expressed its resentment and noted in the order: “Now, question arises that if head of an intelligence agency is not aware who else can provide this information? Through this stance of DG one can appreciate nonprofessional approach of Intelligence Bureau.”

The bench directed the IB chief to submit a written report on the next date of hearing about the inability of the agency and also inform the court who else can perform the function.

Justice Siddiqui on December 4 had directed the secretary defence to probe who had used the name of the COAS in the agreement that was signed by the federal government with the protesters.

Published in Dawn, February 10th, 2018

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