Deal between government and Faizabad protesters is unconstitutional, illegal says IHC

F.P. Report

ISLAMABAD: The Islamabad High Court (IHC) rejected the agreement between the government and Faizaabad protestors and declared the agreement unconstitutional and illegal

IHC added that the agreement clearly showed that the state surrendered before the protesters who committed blasphemy.

While hearing the case Justice Shaukat Aziz Siddiqui, observed that the agreement doesn’t have any legal standing.

Earlier, on Nov 6, workers of Tehreek-e-Labbaik Ya Rasool Allah (TLYR) and activists of other religious groups stage sit-in at Faizabad Interchange in Islamabad against the change in the oath of elected representatives and it paralyzed the twin cities for more than two weeks.

On the directives of court, Police and Frontier Constabulary (FC) had launched an operation against the protesters. Later the same day, Chief of Army Staff General Qamar Javed Bajwa had advised Prime Minister Shahid Khaqan Abbasi to handle the Islamabad Dharna peacefully.

The government was looking for Army assistance to disperse the protestors however, the army had said in its response that it was fully ready to tackle the situation but they have some obligation towards it.

Justice Siddiqui said the court expected the Pakistan Army to probe into Chief of the Army Staff (COAS) General Qamar Javed Bajwa’s name being used in the agreement.

The high court, which had been scrutinizing the role of the armed forces as a mediator in the fiasco, gave two options to Attorney General Ashtar Ausaf Ali who was present in the courtroom to decide whether the matter related to the agreement should be referred to parliament or if a joint session could discuss it.

How the government could abolish cases registered under the anti-terrorism act (ATA) against the protesters who had paralyzed the capital and brutally tortured police officials and enquired how TLYR chief Khadim Hussain Rizvi could pardon anyone’s murder, Justice Siddiqui questioned.

The judge remarks that the government should pay four months’ salary to the police for their work during the Faizabad sit-in.

“The court will not endorse the agreement between the state and protesters,” said the IHC judge and added that the government accepted the demand of only one side and that the army played the role of a moderator in negotiating the contentious deal.

The IHC bench recommended the government authorities, including the mediator (army chief), to deliberate on the agreement.

On this, Ashtar Ausaf sought time to look into the matter, saying that he was not in the country and needed time to prepare the report.