ISLAMABAD: The federal government on Friday urged the Supreme Court to grant extension for another month for the submission of an inquiry report by the Faizabad Commission on the 2017 sit-in of the Tehreek-i-Labbaik Pakistan (TLP).

Headed by retired police chief Syed Akhtar Ali Shah, the three-man commission was constituted under the Pakistan Commission of Inquiry Act, 2017, to ensure compliance with the Feb 6, 2019, verdict against the 20-day sit-in.

The commission was tasked with investigating causes and subsequent events leading to omissions and commission of acts not in accordance with law in light of the terms of reference given in the notification and SC judgement.

A three-judge SC bench, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and also comprising Justice Mohammad Ali Mazhar and Justice Musarrat Hilali, is expected to take up the civil miscellaneous application moved by the government under SC Rules, 1980.

On Jan 9, the government allowed the commission to complete its work and furnish report by Feb 14. The SC had hoped that the government, while drafting its terms of reference (ToRs), will consider “coincidental and simultaneous filing of review petitions” against the 2019 judgement by the government’s statutory bodies.

Govt’s recent notification allowed the probe commission to furnish report by Feb 14

The ToRs so framed also required the committee to record the statement of relevant witnesses, asses the matter in light of applicable laws, regulations and policies, determine the role/directions of all concerned related to the management and handling of the matter.

After compiling all the record and evidence, the committee was supposed to furnish a report along with its recommendations.

However, the commission then believed that it was not possible to complete inquiry by Feb 14, therefore its time should be extended at least for a month in order to meet the ends of justice and enabling the commission to answer all relevant questions under the ToRs and attend to the directions and declarations of the SC, the application requested.

The Jan 2 office memorandum, which was also submitted along with the application, has conceded that the commission initially faced teething problems soon after its constitution such as setting up of secretariat, logistics, funds and staff.

During the start of the proceedings, the mother of Tahir Alam, a commission member, fell ill and was admitted to a hospital but she could not survive.

Despite all odds, the commission had to go through the arduous task of reviewing the documented material, the notification said, adding that the commission also recorded the statements of around 16 persons acquainted with relevant facts. Through a set of questions, the commission also acquired reports from different sources, it mentioned.

The application explained that the commission adopted principle of the due process of law by providing opportunity of being heard to all those whose names appeared during the process of inquiry and also sifting of available documentary evidence. The commission will also have to peruse voluminous reports spread over thousands of pages besides documentary evidence before writing its report.

On Feb 6, 2019, the SC in its judgement issued 17 different directions emphasising that the government through the defence ministry and the chiefs of the army, navy and air force will initiate action against the personnel under their command who were found to have violated their oath since the Constitution emphatically prohibits members of the armed forces from engaging in any kind of political activity, including supporting a political party, faction or individual.

The apex court had also directed the police and other law enforcement agencies to develop standard plans and procedure with regard to how best to handle rallies and protests and ensure that such procedures are flexible enough to attend to different situations.

Published in Dawn, January 20th, 2024