The Supreme Court has related the non-implementation of the Faizabad sit-in verdict with the events of May 9 when violent protests broke out after the first arrest of former prime minister Imran Khan.

The statement was made by Chief Justice of Pakistan Qazi Faez Isa in a written order, authored by him, issued after hearing a set of review petitions against the 2017 sit-in by the Tehreek-i-Labbaik Pakistan that blocked the entry point to the federal capital.

CJP Isa is leading a three-member SC bench comprising Justice Athar Minallah and Justice Aminuddin Khan to hear a set of review petitions filed against the 2019 judgement.

On Wednesday, CJP Isa said the interim government’s fact-finding commission, which has been asked to probe the 2017 sit-in by TLP at Faizabad, was empowered to summon the former prime minister, ex-army chief and then-CJP for investigation.

The CJP said that the court through its five years old judgement traced the history of orchestrated violent protests in Pakistan and warned for the future. But the apex court lamented that the concerns were disregarded by successive governments.

“Review petitions and applications were filed and these were not fixed for hearing, which hindered the judgment’s implementation. No responsibility was affixed, nor was anyone held accountable for the violence of the past.

It is not surprising that violence continued to be perceived as a permissible means to attain one’s goals. Victims of those striving for an independent judiciary, an inclusive and tolerant Pakistan were disregarded without justice; the nation suffered the consequences, as evident from the recent events of 9 May 2023,“ it said.

The court acknowledged the “manipulation” resorted to in the Supreme Court by not fixing the said petitions and applications.

“The Supreme Court endeavours to regain the confidence of the people by acknowledging this, and will be demonstrating that the mistakes of the past will not be repeated. Truth sets one free and makes institutions strong. The people of Pakistan deserve nothing less.”

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The order stressed that it was “long overdue” that every institution acted transparently and responsibly.

“Lack of trust in public institutions engenders autocracy and threatens democracy. If individuals begin to overshadow the institutions they work in, they cause irreparable harm, diminish their institution, and render them as their alter ego.”

While speaking about the commission, it said that the Election Commission of Pakistan had on the last date sought 30 days to do what it had undertaken and this period has not expired yet. “The Election Commission of Pakistan should submit its report without waiting for the next date. To be fixed on Monday, January 22,”

Faizabad sit-in

The apex court in its decision on February 6, 2019 wrapped up a suo motu case of the 2017 Faizabad sit-in staged by the TLP, directing the government, law enforcers, intelligence agencies and the army’s media wing to operate within their mandate.

A two-judge SC bench comprising Justice Isa and Justice Musheer Alam had initiated suo motu proceedings on the case on Nov 21, 2017.

The court had directed the federal and provincial governments to monitor and prosecute those advocating hate, extremism and terrorism.

Police and other law enforcement agencies were directed to develop “flexible” standard operating procedures to deal with similar protests in the future.

The judgement was authored by Justice Isa. The court had instructed the defence ministry and chiefs of the army, navy and air force to penalise personnel under their command who were found to have violated their oath.