Why decision on Faizabad Dharna case not implemented, all are so much fearful: Supreme Court

ISLAMABAD, Sep 28 (Online): Supreme Court (SC) has remarked why the decision on Faizabad Dharna case has not been implemented and all are so much fearful.

SC has sought implementation report from federal government on decision in Tehreek Labaik Pakistan (TLP) 2017 Dharna case while hearing review petition against the decision Thursday.

The court while adjourning the hearing of case till November 01 sought written replies from the lawyers of the respondents till October 27.

The court remarked all respondents were not present today. Another chance is given to respondents in connection with attendance.

The court also gave time to MQM to appoint new counsel in place of Irfan Qadir.

The court while raising question said why the decision in Faizabad Dharna case was not implemented. Why all are so afraid.

Attorney General (AG) has confirmed the decision of withdrawing review petition by federation after PEMRA and Intelligence Bureau (IB).

Federation had filed review petition through defence ministry and now Attorney General (AG) Usman Mansoor is saying they are withdrawing Faizabad Dharna review petition. PTI too has withdrawn the review petition.

The Chief Justice of Pakistan (CJP) Qazi Faez Isa has remarked why are so afraid of speaking the truth. Write it the order for review petition has come from where.

Saying this is not correct, new government or old government. Government remains government, no matter party is what. Court’s time was wasted. The country was kept worried. Now you all are saying the petitions have to be withdrawn. We were sitting perhaps we have committed some mistake in the decision.

Write it order had come from where.

If you want to say “mitti pao” ignore it, you should write it too. How many people were killed on May 12? What happened? “,Mitti pao on it too”.

He gave these remarks while presiding over 3-member bench during the hearing of case on Thursday.

At the inception of hearing, Aman Ullah Kanrani, counsel for Sheikh Rashid has become minister. He should appoint his substitute.

I want to clarify certain things first. This is regular bench. This is not special bench. The review petitions are fixed immediately but these petitions were not fixed for four years.

AG Mansoor Usman Awan said we want to withdraw review petition.

The CJP inquired why are you withdrawing the petition. Is there any reason?

AG replied there is no specific reason. Only we want to withdraw review petition. Federation does not want to defend in this case.

The CJP remarked earlier it was said there are mistakes in the decision. Now tell us the reasons for withdrawing it.

AG said when review petition was filed then there was another government.

The CJP remarked why you did not file written petition.

Hafiz Ehsan counsel for PEMRA said I am withdrawing review petition.

The CJP inquired on whose direction you are withdrawing it. Comments are offered on U-tube channels.

PTI too requested to withdraw the petition.

Ali Zafar lawyer said we don’t want to pursue PTI petition.

The CJP remarked are you authorized to withdraw the petition. If you want to become respondent then the court will allow you.

Ali Zafar saud, no, we don’t want to be respondent in this case.

From Sheikh Rashid side request was made to continue to pursue the application of advocate on record.

The CJP remarked we had said only on the report of ISI. Some politicians gave irresponsible statements. We did not mention name of any one. You yourself deduced that you are mentioned therein.

The CJP inquired from the counsel of Ejaz ul Haq you want to say this you have not supported dharna. Are you saying ISI report was not correct?

Justice Athar Minallah remarked have all the institutions decided that what has been written in the decision is correct. Why are so afraid of speaking the truth. Write it review petition order came from where.

The CJP remarked we keep all these petitions pending. If someone has to say anything one should say it in writing. All are silent here. They will say on TV they have not been heard.

The CJP remarked “Attorney general Sahb why you did not raise the question earlier that why review petition were not fixed earlier. Election Commission (EC) is constitutional institution.

The CJP remarked EC too is not former or present. It is institution. Everyone should be held accountable. We can start it from us. Why all fear from speaking the truth?
AG said court’s decision should be implemented.

The CJP remarked it is interesting thing those who should have filed review petition have not filed it.

He remarked TLP did not file the petition. It accepted the decision. Late Khadim Rizvi deserves for praise on this thing. All commit mistakes but accepting mistakes is great thing. It runs in Pakistan this that order has come from above.

The court remarked we accept the plea of Aman Ullah Kanrani counsel for Sheikh Rashid.

The CJP remarked a new thing container was introduced in Pakistani politics on May 12. MQM has not come before us today. There was a minister from MQM and no one has come from his side.

CJP remarked we are not disposing of these petitions yet.

PTI said we accept the decision correct and they don’t want review. Ali Zafar Sahb it is correct.

Ali Zafar said yes it is correct. We are not challenging the decision.

The court remarked the lawyers who have not appeared should ensure their attendance on next hearing.

The court while adjourning the hearing of the case till November 01, sought replies from lawyers of the respondents in writing till October 27.

In the court order it was said that CJP remarked AG and other respondents said they will bring on record the implementation of decision.

Some respondents said they were not heard by court before the decision. Such statements were surprising because hearing was held in open court.

The CJP remarked we should give how much time to you. The AG requested for 2 months time which was rejected by the court.

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