The Islamabad High Court on November 27 lashed out at the government as well as the Army for the role assigned to the military "as the mediator" in the agreement to end the sit-in at Islamabad's Faizabad Interchange.
The army chief instead of following the orders of the chief executive became a mediator, pointed out Justice Shaukat Aziz Siddiqui as a hearing into the Faizabad protest was underway at the high court on November 27.
"Who is the Army to adopt a mediator's role?" inquired the judge. "Where does the law assign this role to a major general?"
After the weeks-long protest that virtually paralysed the capital, the Pakistan government and protesters reached an agreement late night of November 26, in which the former conceded to the latter's demands.
The document of the agreement — submitted before the court — bears the signatures of Interior Minister Ahsan Iqbal, Interior Secretary Arshad Mirza, Tehreek Labaik Ya Rasool Allah (TLY) leader Khadim Hussain Rizvi, two other protest leaders and Maj Gen Faiz Hameed, who facilitated the agreement.
"We are thankful to him [Gen Bajwa] for saving the nation from a big catastrophe," the agreement document concludes, crediting the army chief and his representative team for their "special efforts".
Objections by IHC
In its written order, the court notes a "number of serious objections on the terms of agreement".
"Most alarming is that Maj Gen Faiz Hameed put signature as [the] one through whom [the] agreement was arrived at," the order says. "It is also very strange that the efforts of Gen Qamar Jawed Bajwa, Chief of Army Staff, have been acknowledged in the words: this entire agreement was reached through the efforts of the army chief and his representative team."
The order notes that the role assumed by the army chief is "besides the Constitution and the law of the land".
"Armed Forces being part of executive of the country cannot travel beyond its mandate bestowed upon it by the organic law of the country."
On the matter of the abusive language used by the protesters against the judiciary, the order says that "the Federal government and the arbitrator did not bother to persuade the leadership of TLY to even tender an apology in this regard."
"This court has serious reservations on the terms of the agreement and mannerism in which it arrived; however, the federal government has to satisfy the court about the constitutional role of Armed forces and an acknowledgement by the federal government/Executive of the country regarding role of armed forces as an arbitrator," the order reads, calling for the attorney general to assist the court on this point.
The court has also directed the chief commissioner to submit a report regarding the Islamabad operation and "reasons for its failure".
Further, Joint Director General of the Intelligence Bureau Anwar Ali has also been asked to submit a report detailing how the protesters gained acces to guns, tear gas shells and masks.
"He shall also submit a report showing reasons of failure of operation and aid provided to protesters, when ICT Police almost cleared Faizabad Interchange."
"It is made clear that [the] question raised by this court shall not be used as an excuse to dislodge/disburse the protesters of sit-in as order to clear Faizabad Interchange is still in field."
The order adds that if the protesters continue their sit-in, the government and the administration are "required to persuade them to shift to the sit-in at Parade Ground."