The Supreme Court (SC) on Wednesday ordered director-generals of Inter-Services Intelligence (ISI) and Intelligence Bureau (IB), IG Islamabad, interior secretary and others to submit their reports over the alleged involvement of PTI leaders in instigating party workers to reach Islamabad’s D-Chowk in violation of SC’s May 25 order.
“The AGP claims that the PTI workers and supporters moved forward to the D-Chowk area in response to the call made by their leader. Notwithstanding the said request by the AGP, we exercise restraint for the time being for a number of reasons. Firstly, Mr Imran Khan has called off the rally/public meeting. That gives a recess to the charged mob witnessed last night,” the written order issued by majority members of larger bench led by Chief Justice of Pakistan Umar Ata Bandial stated.
It said that prudence advises that time be given for sanity to prevail among the stakeholders. “In any event, facts and materials need to be collected to establish the sequence of events, the identity of the perpetrators and of the instigators, if any. At this stage therefore it is directed that the IGP ICT, the Chief Commissioner ICT, the Secretary Ministry of Interior, the Director General Intelligence Bureau, and the Director General ISI shall file reports answering the questions,” the order said.
The order asked the executive authorities to apprise as at what time did Imran Khan make the announcement for party workers to reach D-Chowk.
“When, where and how did the crowd cross the barricade to enter a hitherto closed area. Was the crowd entering the Red Zone organised or supervised or did it move randomly? Were there any acts of provocation or breach of assurance by the government? Was any action or treatment meted out by the ICT police against the protesters disproportionate to the actual or perceived wrong committed by the protesters,” the court questioned.
The court also asked how many protesters managed to enter the Red Zone. “Which security arrangements, if any, were relaxed by the executive authorities? Whether any security barrier cordons were broken or breached by protesters? Did any protester/party worker reach the G-9/ H-9 ground? How many civilians were injured, killed, hospitalised or arrested,” the order said.
The order said that the said reports shall be filed within one week for perusal in chambers by the members of this larger bench.
However, one member of the larger bench Justice Yahya Afridi dissented from the majority opinion by saying that there is sufficient material available to initiate a contempt proceeding against former prime minister Imran Khan over violation of the May 25 order.
The court also noted that directions to executive authorities in its May 25 order was to protect the constitutional rights of the people of Pakistan as guaranteed in Article 15, which secures the right of free movement, and Article 16, which protects their right of freedom of assembly.
The court also disposed of the Islamabad High Court Bar Association petition in this connection.
