Faizabad Dharna Case: CJP gives verdict of today's hearing
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00:00 Dated 6th February 2019, passed in SMC No. 7 of 2017, the federal government had constituted
00:20 a inquiry commission on 15th November 2023 and drafted terms of reference pursuant to
00:40 the CMA 9659, which were added to by notification dated so and so.
01:04 The three-member commission comprising of Mr. Tahir Alam Khan as member, retired.
01:24 General of Police, Mr. Khushal Khan as member, he is serving as an additional secretary.
01:40 And Dr. Syed Akhtar Ali Shah as chairman, retired Inspector General of Police, was constituted
01:54 and the commission, the Raghun Mukarni Commission, and the commission submitted its report on
02:00 6th March 2024, comprising of 149 pages, together with its attachments contained in separate
02:12 volumes.
02:13 Kitni volumes hai?
02:14 Sir, seven volumes, which I have read.
02:17 Altogether?
02:18 Seven.
02:19 First volume is the report and then seven volumes are the…
02:21 Altogether, comprising of eight volumes.
02:23 Yes, sir.
02:24 Has been submitted?
02:25 Full stop.
02:26 The learned attorney general for Pakistan, read out the terms of reference and the respective
02:41 findings on each given by the commission, as well as the recommendations, as well as
02:52 the commission's 's recommendations, as well as the conclusion and the commission's
03:06 recommendations.
03:07 Capital C kar dijiye.
03:10 Full stop.
03:13 In our opinion, the report does not attend to the terms of reference, the set terms of
03:31 reference.
03:32 Full stop.
03:33 Moreover, the commission has ventured into areas which are not also… which are not
03:40 part of the… its terms of reference and given terms of reference.
03:51 Full stop.
03:54 We also note that similar… that all were not treated similarly and whereas some…
04:06 and the statement of some were recorded on note, others were sent questionnaires.
04:13 Full stop.
04:14 Surprisingly, comma, no member of TLP was called for and statement recorded.
04:27 Full stop.
04:30 The commission somehow assumed… somehow assumed and did so incorrectly that the right
04:46 to protest or traveling to Islamabad to protest is prohibited by the constitution of the Islamic
04:57 Republic of Pakistan, even though the judgment had stated the opposite.
05:11 Full stop.
05:13 The commission… the commission also did not consider many of the aspects of the judgment
05:27 and the order subsequently passed by this court.
05:33 Full stop.
05:37 The judgment had noted that protest… the right to assemble and protest, comma, provided
05:56 it is peaceful and complies with the law imposing reasonable restrictions in the interest of
06:02 public order cannot be limited or cannot be prescribed.
06:08 Full stop.
06:14 We also note… it is also disappointing to note the unnecessary emphasis.
06:25 The element of provincialism which has crept into the report
06:36 and the castigating… and the castigating… and castigating those at the political helm
06:49 of affairs at the relevant time, whilst disregarding the perpetrators of violence.
06:58 Full stop.
07:03 However, the Lieutenant Attorney General states, we inquired from Lieutenant Attorney General
07:09 whether the government of Pakistan endorses the said report and/or does so in parts, and
07:18 he stated that he will be filing a formal statement in this regard.
07:22 Full stop.
07:24 He over expressed that his opinion as Attorney General… as AG was that, whatever your words
07:32 are…
07:33 He… there's not… not much substance which I found in the report, sir.
07:38 That the report… that the report lacks substance.
07:40 Did it carry out the terms of reference or not?
07:43 By and large, no, sir.
07:45 And that by and large, the terms of reference referred to the Commission were not… were
07:53 not undertaken?
07:54 Not attended.
07:55 Were not attended to.
07:56 Anything else you want to say?
07:57 I think for now…
07:58 Let the… let the Lieutenant AG file a response on behalf of the government of Pakistan to
08:12 the said report.
08:13 I think we have to wait for the report to be filed.
08:20 The Election Commission has put out a very big report.
08:29 To be honest, I didn't get time to read it.
08:31 I also…
08:32 Is there anyone from their side?
08:33 Yes, sir.
08:34 It's quite late now.
08:35 You can tell us the details.
08:36 Yes, sir.
08:37 If we need to, we'll look into it.
08:44 Okay?
08:45 Sir, the…
08:46 Let's write it down.
08:47 Write it down.
08:48 Next, write it down.
08:49 The Election Commission of Pakistan has filed its report under sealed cover.
08:50 It's sealed, right?
08:51 I didn't even open it.
08:52 Through CMA number?
08:53 246.
08:54 246.
08:55 2020.
08:56 2020.
08:57 Okay.
08:58 Write another one in it.
09:10 The federal government should also state, whether it wants to make public the report
09:16 or not.
09:17 How long will you take?
09:20 I'll wait two weeks.
09:23 Okay.
09:24 It will be done within two weeks?
09:27 Yes.
09:28 Okay.
09:29 Is there anything else?
09:30 Nothing else?
09:31 That was all for today, I suppose.
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10:49 Thank you.
10:56 Thank you.
11:03 Thank you.