SUNDAY TIMES ISLAMABAD: The Supreme Court of Pakistan on Wednesday announced the detailed judgment in the suo motu case of Faizabad sit-in staged by the Tehreek-i-Labbaik Pakistan , and instructed the government, law enforcers and intelligence agencies to operate within their mandate.
A two-member bench of the apex court comprising Qazi Faez Isa and Justice Mushir Alam court reserved the verdict on November 22.
Notices have been issued to attorney general of Pakistan , Islamabad Inspector General of Police , secretary interior, secretary defence, and Election Commission of Pakistan secretary.
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.”
All intelligence agencies must not exceed their respective mandates. They cannot curtail the freedom of speech and expression and do SMC. No. 7/2017 41 not have the authority to interfere with broadcasts and publications, in the management of broadcasters/publishers and in the distribution of newspapers.
The judgment concluded by quoting Quaid-e-Azam Muhammad Ali Jinnah: I consider it my duty to call upon the Muslims to temper 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.