The Supreme Court (SC) stated that the violence in the country on May 9, when PTI chief Imran Khan was arrested, is due to the failure to implement the 2019 judgement in the Faizabad dharna case. This was noted in a written order issued by a three-member SC — consisting of Chief Justice of Pakistan Qazi Faez Isa, Justice Athar Minallah and Justice Aminuddin Khan. The order from the previous hearing on review petitions filed against the 2019 judgement was authored by Justice Isa. It contained instructions to the defence ministry and the tri-services chiefs, as well as the federal government, to take action against violators, monitor those advocating hate and terrorism, and penalise entities causing public inconvenience during the 20-day sit-in.
Review petitions and applications were filed against the verdict by various entities, and the SC expressed its disappointment at the lack of action taken by the government. It noted that the concerns expressed in the 2019 judgement were disregarded, with review petitions and applications not being fixed for hearing, hindering the judgement’s implementation. The order stated that no one was held accountable for the violence, which has continued due to the perception of violence as a means to achieve objectives.
The order acknowledged the manipulation and the lack of trust in public institutions, endangering democracy. It discussed the possibility of initiating contempt proceedings but noted that it would not be appropriate to hold the present incumbents responsible for the actions of their predecessors. The federal government has constituted a commission to address the matter, and the ECP has been given a timeline to submit its report.
The order concluded by emphasizing the need for institutions to act transparently and responsibly and demonstrate that mistakes of the past will not be repeated. It also called for the acknowledgment and rectification of wrongdoing and a commitment to regaining the confidence of the people. The next hearing on the matter is scheduled for January 22.
The order also revisited the events of the Faizabad sit-in, which disrupted daily life in Islamabad for 20 days in 2017. It stated that the government and religious political parties’ negotiations failed, resulting in a botched operation that led to government calling in the army for help. Eventually, an agreement was reached with the protesters to end the sit-in.