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CJP asks govt to give in writing that there’ll be no more enforced disappearances

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  • Aitzaz’s petition seeks establishment of an “effective” commission.
  • Court verdicts not enough, state needs to “change its mindset”: CJP
  • “Country has been fractured,” CJP on enforced disappearances.

ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa on Wednesday asked the federal government to give in writing that there would be no more enforced disappearances in the country.

The development came as a three-member bench led by Justice Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, heard the petition of Barrister Aitzaz Ahsan and other petitioners on the unlawful practice of enforced disappearances, praying for declaring it as violative of various articles of the Constitution.

“We do not want a statement from any section officer. The Government of Pakistan should give us in writing that no one will be illegally disappeared anymore,” the CJP said during a hearing of the case.

Aitzaz had prayed the court to declare that enforced disappearances are violative of Articles 4, 9, 10, 14, 19, and 25 of the Constitution besides declaring that the Commission of Inquiry on Enforced Disappearances does not adequately comply with legal and international standards.

Similarly, he asked the apex court to set up an effective and purposeful commission.

He prayed the apex court that the commission should be headed by a judge of the Supreme Court while members of the commission should be the Supreme Court Bar Association president, Pakistan Bar Council vice chairman, Lahore, Sindh, Peshawar, Quetta Bar Association heads, Human Rights Commission of Pakistan chairman, National Commission on Status of Women chairperson, Inter-Services Intelligence (ISI) Director General, Intelligence Bureau (IB) additional director general and Pakistan Federal Union of Journalists president.

In today’s hearing, the CJP lamented that the country has been “fractured” by its people, saying that the state needs to change its mindset as court verdicts alone are not enough to end the practice of enforced disappearance.

At the outset of the hearing, Ahsan’s counsel Shoaib Shaheen cited the Supreme Court’s verdict on the 2017 Faziabad sit-in.

The CJP inquired how the Faizabad sit-in verdict is related to enforced disappearances. Advocate Shaheen maintained that the court has mentioned the role of intelligence agencies in the verdict.

At this, the CJP asked Shaheen to explain the part of the Faizabad sit-in decision that applied to the participants of the Baloch protesters protesting against enforced disappearances.

The counsel replied that the Faizabad verdict stated that peaceful protest is the right of every citizen and called for action against those who resorted to violence.

“I am surprised that you are referring to the Faizabad dharna verdict,” the CJP remarked.

Advocate Shaheen said he had been always referring to the Faizabad verdict. “If the Faizabad sit-in decision had been followed so such circumstances would not have happened today,” he added.

The top court adjourned the hearing of the case till January 9.

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The public rejects repeated calls for protests and sit-ins because PTI wants to disrupt daily life. Ahsan

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The public rejected the elements continually calling for protests and sit-ins, according to Planning Minister Ahsan Iqbal, and the PTI’s performance today will also fail.

Speaking at a news conference in Lahore, the planning minister stated that the government is responsible for protecting people and property, and that the necessary precautions have been taken in this regard.

Because of its effective economic policies, Pakistan is on the path to prosperity and development, according to Ahsan Iqbal. He stated that a five-year strategy for economic advancement will be unveiled shortly by Prime Minister Shehbaz Sharif.

But the demonstrators have a sinister plan to sabotage this advancement for their own ends, he claimed.

PTI intends to disrupt everyday life and restore law and order in the nation, he claimed. However, he stressed, the law will not be taken into one’s own hands, and those who break it would face harsh consequences.

The PTI founder has been sentenced by the courts, according to Ahsan Iqbal, and his release can only occur legally—not through a sit-in or protest. According to him, the PTI founder will need to use the legal system to cleanse his name in every case.

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Bushra Bibi and Imran Khan are accused of inciting the PTI’s protest confrontations on November 24.

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Top leaders of the Pakistan Tehreek-e-Insaf (PTI), including Imran Khan, the party’s founder, and his wife Bushra Bibi, are facing charges related to their alleged participation in the violent demonstrations on November 24.

The protest was found to have violated anti-terrorism regulations, leading to the first legal action after the disturbances at the Taxila police station.

In addition to major PTI members including opposition leader Omar Ayub, Khyber Pakhtunkhwa (KP) Chief Minister Ali Amin Gandapur, PTI’s Aleema Khan, and Senator Azam Swati, the case, which is lodged under multiple accusations, names over 300 people. The court document also names Shehryar Riaz and Taimur Masood as other leaders.

During their altercations with the police, demonstrators damaged government property, including cars and motorcycles, according to the accusation.

Another disturbing charge against the accused is the kidnapping and torture of a police driver who was allegedly detained by demonstrators before being freed.

Section 144 breach, interference with government activities, and damage to both public and private property are among the charges in the case, which is designated as No. 2594.

It is also alleged that the demonstrators caused major disturbances by obstructing roads and igniting unrest with sizable crowds.

On November 24, convoys departed for Islamabad as part of the PTI’s continuing campaign, which included the protests.

From Khyber, the convoy reached Punjab under the leadership of Chief Minister Ali Amin Gandapur.

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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