Faizabad sit-in case: SC orders action against extremist elements

ISLAMABAD: The Supreme Court (SC) on Wednesday ordered action against extremist elements in the written verdict issued for the suo-moto case pertaining to Tehreek-e-Labbaik’s (TLP) 2017 Faizabad sit-in, ARY News reported.

Last year, in October, TLP leaders were taken into custody after they set out on the streets following the SC judgement acquitting Aasia Bibi of blasphemy.

The 45-page long judgement, penned down by Justice Qazi Faiz Esa, is available on the SC website.

“The Constitution earmarks the responsibilities of the Election Commission which it must fulfill. If a political party does not comply with the law governing political parties then the Election Commission must proceed against it in accordance with the law,” the judgement reads. “The law is most certainly not cosmetic as contended on behalf of the Election Commission. All political parties have to account for the source of their funds in accordance with the law.”

It further adds that, “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. Protesters who obstruct people’s right to use roads and damage or destroy property must be proceeded against in accordance with the law and held accountable.”

“A person issuing an edict or fatwa, which harms another or puts another in harm’s way, must be criminally prosecuted under the Pakistan Penal Code, the Anti-Terrorism Act, 1997 and/or the Prevention of Electronic Crimes Act, 2016. Broadcasters who broadcast messages advocating or inciting the commission of an offence violate the PEMRA Ordinance and the terms of their licences and must be proceeded against by PEMRA in accordance with the law,” the verdict further read. “The State must always act impartially and fairly. The law is applicable to all, including those who are in government and institutions must act independently of those in government.”

The verdict concluded that, “Every Pakistani has a right to create a political party but no political party can work against the state.”

It was advised to forward the verdict copy to defence, interior, human rights and religious affairs secretaries apart from Pakistan Electronic Media Regulatory Authority, military intelligence and intelligence bureau officials.

It is pertinent to note that last year, in November, a two-judge bench headed by Justice Isa and Justice Mushir Alam had reserved the verdict in the case.