Have been re-reading #JusticeIsa & Mushir Alam's joint judgment in the #FaizabadDharna case morning in an attempt to understand why PTI government may think its 'biased'. I could not find anything but perhaps more discerning readers will. Here's the link: thenews.com.pk/assets/docs/SM…
If anyone would like to help find the 'biased' portions, here are the conclusions #JusticeIsa & Alam reached in the judgment:
1. Citizens have the right to form and to be members of political parties subject to the law. #FaizabadDharna
1. Citizens have the right to form and to be members of political parties subject to the law. #FaizabadDharna
2. Every citizen and political party has the right to assemble & protest provided it is done peacefully and under reasonable restrictions in the interest of public order. #FaizabadDharna #JusticeIsa
3. Protestors who obstruct people’s right to use roads and damage or destroy property must be proceeded against in accordance with the law and held accountable. #FaizabadDharna #JusticeIsa
4. If a political party does not comply with the law governing political parties then the Election Commission must proceed against it in accordance with the law.#FaizabadDharna #JusticeIsa
5. All political parties have to account for the source of their funds in accordance with the law. #FaizabadDharna #JusticeIsa
6. The State must always act impartially and fairly. The law is applicable to all, including those who are in government #FaizabadDharna #JusticeIsa
7. State's failure to prosecute those at the highest echelons of government for the murder/attempted murder of citizens in Karachi on 12th May, 2007 set a bad precedent and encouraged others to resort to violence to achieve their agendas.#FaizabadDharna #JusticeIsa
8. A person issuing an edict or fatwa, which harms another or puts another in harm’s way, must be criminally prosecuted under the Pakistan Penal Code, the Anti-Terrorism Act, 1997 and/or the Prevention of Electronic Crimes Act, 2016. #FaizabadDharna #JusticeIsa
9. Broadcasters who broadcast messages advocating or inciting the commission of an offence violate the PEMRA Ordinance and the terms of their licences and must be proceeded against by PEMRA in accordance with the law. #FaizabadDharna #JusticeIsa
10. Cable operators who stopped or interrupted the broadcast of licenced broadcasters must be proceeded against by PEMRA in accordance with the PEMRA Ordinance#FaizabadDharna #FaizabadDharna #JusticeIsa
11. Those spreading messages through electronic means which advocate or incite the commission of an offence are liable to be prosecuted under the Prevention of Electronic Crimes Act, 2016. #FaizabadDharna #JusticeIsa
12. All intelligence agencies (including ISI, IB and MI) and the ISPR must not exceed their respective mandates. #FaizabadDharna #JusticeIsa
13. 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.#FaizabadDharna #JusticeIsa
14. 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. #FaizabadDharna #JusticeIsa
15. The Constitution prohibits Army from engaging in political activity. Government of Pakistan are directed to initiate action against the personnel under their command who are found to have violated their oath.#FaizabadDharna #JusticeIsa
16. The police & other law enforcement agencies are directed to develop standard procedures with regard to how best to handle rallies, protests and dharnas, and ensure that such plans/procedures are flexible enough to attend to different situations.#FaizabadDharna #JusticeIsa
17. We direct the Federal and provincial governments to monitor those advocating hate, extremism and terrorism and prosecute the perpetrators in accordance with the law.#FaizabadDharna #JusticeIsa
