Mandate was to acquit former ISI chief: Pak Chief Justice slams probe into 20-day sit-in that paralysed Islamabad

commander Justice of Pakistan Faez Isa criticized a fact-finding committee on Monday for seemingly having the “mandate was to acquit” former ISI commander Faiz Hameed “by going out of the way” in order to look into the 2017 Faizabad sit-in by the extremist party Tehreek-i-Labbaik Pakistan.

Isa’s comments coincided with the Supreme Court’s three-member bench’s consideration of a series of review petitions filed in opposition to its 2019 ruling in the Faizabad sit-in case involving the Tehreek-i-Labbaik Pakistan (TLP).

Established in November of last year, the Faizabad Dharna Commission was tasked with looking into the TLP’s 20-day sit-in, which caused chaos in Rawalpindi and Islamabad. The radical religious group was opposing purported modifications to the oath taken by legislators.

Years before he took the oath of office as chief justice, a Supreme Court panel headed by Justice Isa rendered a historic decision in 2019 rejecting the sit-in and ordering punishment for those who organized it. But rather of putting the ruling into effect, the then-government, led by imprisoned prime minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party, filed multiple review petitions against it and brought a corruption case against Isa.

The requests for review were not heard until Isa was appointed Chief Justice last year, after the Supreme Court had dismissed the case. Remarkably, most petitioners retracted their requests for review.

However, the government established a commission to recommend responsibility fixes and hold officials accountable, and the bench insisted on carrying out the original ruling.

Following the submission of the commission’s findings, a bench led by Justice Isa and made up of Justices Irfan Saadat Khan and Naeem Akhtar Awan held a hearing on Monday. Retired Inspector General of Police Syed Akhtar Ali Shah headed the three-person panel, which also included assistant Interior Secretary Khushal Khan and former Chief of Police of Islamabad Tahir Alam Khan.

Chief Justice Isa expressed dissatisfaction with the findings and claimed it was an attempt to shield the former head of the ISI, who had communicated and signed a deal with the demonstrators.

“Why is this gentleman (Faiz) being acquitted in the report by going out of the way? Apparently, the commission’s mandate was to acquit Faiz Hameed,” the chief justice remarked during the hearing.

He said it was very disappointing and a waste of the country’s time because the commission failed to call anyone on behalf of the TLP who could have helped the commission.

“Those from whom weapons were recovered were also not called. The intention of those who brought weapons was clear that they are not peaceful protesters,” the top judge remarked.

Castigating the report, the Chief Justice said, “This is something given to fifth-grade students…This appears to be a newspaper article…that was not the task given to the commission.”

He further said that the Commission in its report suggested that the Army should be kept away from these matters but why did they (army people) sign the agreement? “What did the Commission do? It just wasted time. The Commission is just making speeches,” Isa said during the hearing, adding, “I am surprised to read the report, they should have constructed the sentence correctly as to who had committed the violation.” He said the report “doesn’t seem to be serious” and the commission did not provide any “finding”.

The judge said if the verdict in the Faizabad sit-in case had been implemented, the May 9 incident last year involving attacks on army installations would not have taken place.

Later, the attorney general sought two weeks’ time to inform the court about the government’s response to the report. In the short order issued after the hearing, the court directed him to submit a report on the government’s behalf, stating if the government wanted to make this report public.