ISLAMABAD: The Supreme Court of Pakistan will take up review petitions against one of its own judgments on Thursday in which it directed the government to initiate action against armed forces personnel for violating their oath and supporting a religious party protesting on the outskirts of the federal capital.
Tehreek-e-Labbaik Pakistan (TLP) set up a protest camp at the Faizabad Interchange, the main gateway between Islamabad and Rawalpindi, in November 2017, contesting an amendment in the Elections Bill which it said had watered down the oath related to the finality of the Prophethood, a sensitive Islamic issue.
The sit-in, which paralyzed daily life in the twin cities for about 20 days and forced the law minister to resign, was widely viewed as an attempt by the country’s military to weaken the democratically elected government.
The controversy further deepened after the leaked footage of a senior official went viral on the social media in which he could be seen handing out money to demonstrators which encouraging them to disperse peacefully.
“The constitution emphatically prohibits members of the armed forces from engaging in any kind of political activity, which includes supporting a political party, faction or individual,” said the 43-page judgment by a two-member bench led by Justice Qazi Faez Isa, who is now the chief justice.
“The Government of Pakistan through the Ministry of Defense and the respective Chiefs of the Army, the Navy and the Air Force are directed to initiate action against the personnel under their command who are found to have violated their oath,” it added.
The judgment also directed all the intelligence agencies to not exceed their respective mandates or limit free speech by bringing media houses under pressure during such protests.
“They [the agencies] cannot curtail the freedom of speech and expression and do not have the authority to interfere with broadcasts and publications, in the management of broadcasters/publishers and in the distribution of newspapers,” the Supreme Court said.
“Intelligence agencies should monitor activities of all those who threaten the territorial integrity of the country and all those who undermine the security of the people and the State by resorting to or inciting violence,” it continued.
“To best ensure transparency and the rule of law it would be appropriate to enact laws which clearly stipulate the respective mandates of the intelligence agencies,” the judgment added.
Several political factions, including former prime minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party, Muttahida Qaumi Movement-Pakistan (MQM-P), intelligence agencies like the Intelligence Bureau and Inter-Services Intelligence (ISI), and politicians like Sheikh Rashid Ahmad field review petitions against the judgment.
It is pertinent to mention that Pakistan’s powerful army has frequently toppled political administrations in the past, bringing the country under direct rule through periodic interventions.
Even when they are not in power, the top army generals are viewed to be influencing politics in Pakistan from behind the scenes.