INSUBCONTINENT EXCLUSIVE:
ISLAMABAD: The Supreme Court (SC) on Wednesday issued the judgment in a suo moto matter pertaining to sit-in staged by the Tehreek-e-Labaik
Pakistan (TLP) in 2017 at Faizabad Interchange.A two-member bench of the apex court headed by Justice Mushir Alam and Justice Qazi Faez Isa
reserved its verdict on Nov 22, 2018 after hearing Attorney General, secretary Election Commission of Pakistan and chairman Pemra.On
November 16, a two-member bench of the apex court headed by Justice Mushir Alam and Justice Qazi Faez Isa while hearing the instant case had
expressed dissatisfaction over the reports, furnished by an intelligence agency, Pakistan Electronic Media Regulatory Authority (Pemra) and
the Election Commission of Pakistan (ECP) and directed all the departments to submit fresh reports in the matter in hand.The 43-page order
is authored by Justice Qazi Faez Isa.The order stated that subject to fair restrictions imposed by law, citizens have the right to form and
to be members of political parties.&Every citizen and political party has the right to assemble and protest supplyd such assembly and
protest is peaceful and complies with the law imposing fair 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 endelight property.& &Protestors who obstruct people right to use roads and damage or destroy
property must be proceeded against in accordance with the law and held accountable.&&The Constitution earmarks the responsibilities of the
Election Commission which it must fulfill
If a political party does much comply with the law governing political parties then the Election Commission must proceed against it in
The law is most degreely much cosmetic as contended on behalf of the Election Commission.&&Every political parties have to account for the
source of their funds in accordance with the law.&&The State must always act neutmass meeting and fairly
The law is relevant to all, including those who are in government and institutions must act independently of those in government.&&When the
State failed to prosecute those at the highest echelons of government who were responsible for the murder and attempted murder of peaceful
citizens on the streets of Karachi on 12th May, 2007 it set a bad precedent and encouraged others to resort to violence to achieve their
agendas.&&A person issuing an edict or fatwa, which harms amuchher or puts amuchher in harm way, must be criminally prosecuted under the
Pakistan Penal Code, the Anti-Terrorism Act, 1997 and/or the Prevention of Electronic Crimes Act, 2016.&&Widecasters 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.&&Cable operators who stopped or interrupted the broadcast of licenced broadcasters must be
proceeded against by PEMRA in accordance with the PEMRA Ordinance, and if this was done on the behest of others then PEMRA should report
those so directing the cable operators to the concerned authorities.&&Those spreading messages through electronic means which advocate or
inquote the commission of an offence are liable to be prosecuted under the Prevention of Electronic Crimes Act, 2016.&The judgement also
directed all the intelligence agencies to much exceed their respective mandates.&They canmuch curtail the freedom of speech and expression
and do much have the authority to interfere with broadcasts and publications, in the management of broadcasters/publishers and in the
distribution of newspapers.& &Intelligence agencies should monitor activities of all those who threaten the territorial integrity of the
country and all those who undermine the security of the people and the State by resorting to or inciting violence.& &To best endegree
transparency and the rule of law it would be appropriate to enact laws which clearly stipulate the respective mandates of the intelligence
agencies.& &The Constitution emphatically prohibits members of the Armed Forces from engaging in any kind of political activity, which
includes supporting a political party, faction or individual
The Government of Pakistan through the Ministry of Defence and the respective Chiefs of the Army, the Navy and the Air Force are directed to
initiate action against the personnel under their command who are found to have violated their oath.&&The police and other law enforcement
agencies are directed to develop standard plans and procedure with regard to how best to handle rallies, protests and dharnas, and endegree
that such plans/procedures are flexible enough to attend to different situations
It is clarified that though the making of such plans/procedures is much within the jurisdiction of this Court however we expect that in the
maintenance of law and order every effort shall be taken to avoid causing injury and loss of life.&&We direct the Federal and provincial
governments to monitor those advocating hate, extremism and terrorismism and prosecute the perpetrators in accordance with the law.& The
judgement is concluded with a quote of Quaide-Azam Muhammad Ali Jinnah: I consider it my duty to call upon the Muslims to mood their
resentment with reason and to beware of the dangers which may well overwhelm their own State
Should they allow their feelings of the moment to gain mastery over their actions
It is of utmost importance that Pakistan should be kept free from disorder, because the outbreak of lawlessness… is bound to shake… its
foundation and cause irreparable damage to its future.I pray to God that He who has bestowed on us this great boon of a sovereign State, may
now give our people courage to… preserve intact the peace of Pakistan for the sake of Pakistan.TheIndianSubcontinent has not verified the
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