SC ready to hear PTI’s plea for judicial probe into post-May 9 “repression” – Pakistan

ISLAMABAD: The Constitutional Bench of the Supreme Court on Tuesday admitted hearing a plea moved by PTI founder Imran Khan seeking the formation of a judicial commission to probe allegations of state repression against workers and party leaders following the violence of May 9.

Although the bench dismissed the objections raised by the registry, it did not give any date for resolving the matter before it.

In the petition, the PTI founder demanded that a judicial commission should look into the allegations of political and apolitical interference in the functioning of state authorities and violation of their constitutional oaths by public servants and identify those responsible.

Filed by PTI general secretary Salman Akram Raja, the petition asked the apex court to pass an order to ensure protection of fundamental rights of citizens, including right to life, freedom of assembly, expression, movement, information and fair legal recourse.

He highlighted the alleged disproportionate application of laws aimed at stifling dissent, hindering political participation and eroding public trust in democratic institutions, thereby undermining the rule of law and constitutional governance.

AAG asked to confirm whether government intends to pursue contempt case against Imran

When the issue of the registrars' objections was taken up by the bench, senior advocate Hamid Khan remarked that the country was witnessing an undeclared martial law.

Justice Jamal Mandokhail intervened to remind the lawyer that he was making a sweeping statement although the civilian government can seek help from the military under Article 245. Justice Mohammad Ali Mazhar observed that the petitioner was to challenge the vires of constitutional authority under Article 245, adding how could the petitioner term this as undeclared martial law.

To this, Additional Attorney General (AAG) Chaudhry Aamir Rehman pointed out that the court was yet to determine the question as to how the petition was in public interest.

Justice Aminuddin Khan explained that the court was not hearing arguments on the merits of the case but on objections raised by the registrar's office.

Contempt procedure

Separately, the Constitutional Court suggested that the AAG may receive further instructions from the government regarding its intention to pursue the 2022 contempt of court plea, stressing that the charges would only be framed in the presence of the PTI founder in court .

Headed by Justice Aminuddin Khan, the constitutional bench issued orders seeking further directions when the AAG asserted that the government intended to pursue the matter seriously.

The court had taken into consideration the federal government's petition against Mr. Khan for allegedly flouting the court's May 25, 2022 order restraining the PTI from holding a rally near sectors H-9 and G-9 despite categorical assurances from senior party leaders and their lawyers that the rally would not cause any inconvenience to the general public.

In its petition, the Home Ministry regretted that despite assurances, senior PTI leaders, acting in blatant disregard of the court's directions, urged supporters to reach D-Chowk, falsely claiming that the court had authorized the march without any conditions.

The contempt plea highlighted reports provided by the Interior Ministry, Islamabad Chief Commissioner, Police Chief, Director Generals of ISI and IB, stating that the leaders of the PTI were determined to reach D-Chowk as per Mr. Khan's instructions despite the court order.

The government has urged the Supreme Court to also issue comprehensive guidelines for all future protests to be held in the federal capital, which should also include prior indication of the date, choice of venue and assurance of not cause no obstruction to public life. and a commitment to ensuring that protesters do not cause damage to public or private property in order to safeguard fundamental rights guaranteed by the constitution.

Earlier, a five-judge bench headed by CJP Umar Ata Bandial had acceded to the government's request and in his supplementary note, Justice Yahya Afridi had observed that Mr. Khan, prima facie, had disobeyed the court's May 25 directions , therefore for the alleged disobedience, an outrage. procedures should be initiated instead of requesting reports from state agencies.

On Tuesday, when the matter was taken up, Justice Mandokhail pointed out that the question of contempt was between the court and the contemptor and while pointing the finger at AAG, Justice Mandokhail wondered why the government was getting emotional over this matter. The court suggests a way out to the government, Justice Mandokhail remarked.

Meanwhile, Salman Akram Raja, representing Imran Khan, explained that the court's verbal order did not reach Mr Khan because his lawyers could not inform him about it due to the suspension of mobile phone services .

The court, however, postponed further proceedings for an indefinite period, with instructions to receive further instructions from the government.

Military trial

The constitutional bench adjourned till December 12 the intra-judicial appeal against the October 23, 2023 order quashing the trial of civilians in military courts when the AAG sought the postponement, senior counsel for the Ministry of Defense Defense, Khawaja Haris Ahmed, being indisposed.

The court rejected Sardar Latif Khosa's request to transfer all suspects arrested in connection with the May 9 incidents to regular prisons.

Published in Dawn, December 11, 2024

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