On the last date of hearing the Inter Service Intelligence (ISI), Intelligence Bureau (IB) and Islamabad Police were directed to provide reports including the costs that had been incurred. The relevant portion of the order is reproduced hereunder: "Since we are not satisfied with the reports that have been submitted we also direct submission of additional reports by ISI, IB and Islamabad Police, and in case some secret or sensitive information is mentioned therein it may be submitted under sealed cover . The Government is also directed to provide details of the expenditure incurred on account of the actions of the protestors. "
2. The Islamabad Police has submitte d its report (CMA No.8733/2017) which provides particulars of the deployment of the law enforcement agenc ies and therein it is mentioned that they were directed not to use firearms and were only provided with " anti riot equipment ". The report states that: "The mob/protesters were so prepared that they even cut the wires of all relevant cameras installed within the jurisdiction of Islamabad and Rawalpindi. They were also armed with stones, pistols, axes, rods, shells and masks. "
The report further states that: "The level of preparedness of the protesters can be well imagined from the fact that they cut the cables of CCTV cameras installed around the sit in places through which their activities were monitored. "
As per the report the operation to disperse the protesters commenced on November 25, 2017 as they failed to disperse despite repeated directions, so they were tear gassed and dowsed with water from water cannon, but still complete success could not be achieved because the protesters launched vicious attacks with dandas, axes and by pelting stones which resulted in injuries sustained by 173 policemen and members of other law enforcement agencies. It was then decided to avail of the assistance of the Pakistan Army by invoking Article 245 of the Constitution of Islamic Republic of Pakistan, 1973 ("the Constitution"). However, between the night of 26 and 27 November, 2017 the issue was settled by the government with the protesters who then decided "to wind up their sit in demonstration".
3. The report also discloses that, "the protesters burnt many vehicles owned by the private persons/police ", but does not provide any details in this regard . We inquired whether there was any loss of life and the learned Deputy Attorney General ("DAG ") responded that there wasn't any in the Islamabad Capital Territory ("ICT"). We are not satisfied with this response as our order (quoted above) was not restricted to the jurisdiction of ICT, particularly as reports were also called for from ISI and IB which operate throughout the country . The learned DAG submits the report of IB, but requests that it may not be made public since it contains sensitive information. Another report in a sealed envelope, which we opened, is from the ISI, which the learned DAG states he has also not seen himself.
Which, if any, parts of the IB and ISI reports should be made part of the record will be considered after receiving assistance from the learned Attorney General for Pakistan, who we are informed is in China on of ficial work.
4. The people of Pakistan are entitled to know the loss of life and property that has been suffered. We accordingly direct the Ministries of Interior and Defence, Government of Pakistan, to provide the following information:
(i) the particulars of law enforcement personnel who lost their lives;
(ii) the number of law enforcement personnel who were injured;
(iii) the number of innocent bystanders or members of public who lost their lives;
(iv) the number of innocent bystanders or members of public who were injured;
(v) the particulars of the protesters who lost their lives;
(vi) the number of protesters who were injured; and
(vii) the particulars of public and private property destroyed and damaged by the protesters with their approximate value.
Therefore said Ministries of the Government of Pakistan are directed to obtain the requisite information from all the four provinces and ICT and tabulate it as stated above.
5. The Islamabad Police report discloses that media channels were providing live coverage as a consequence whereof the extreme measure of taking them off the air was resorted to. It was further stated that it becomes difficult for the State to maintain its writ when programs with inflammatory content and inciting violence are broadcasted. These are undoubtedly legitimate concerns. When violence is perpetrated against the State and destruction of public and private property is broadcasted without condemnation of the violence, or by justifying it, not only is a platform provided to advocate their cause but also encourages them to resort to violence. Freedom of speech and expression as well as freedom of the press is enshrined as a fundamental right (Article 19 of the Constitution), but the same provision curtails it when it is used to undermine "the glory of Islam or the integrity, security or defence of Pakistan... or morality, or in relation to contempt of court, commission of or incitement to an offence." The electronic media is governed by the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 ("the Ordinance") and every broadcaster holding a license is required to, "ensure preservation of the sovereignty, security and integrity of Islamic Republic of Pakistan" (clause (a) of section 20 of the Ordinance) and to, "ensure preservation of the national, cultural, social and religious values and the principles of public policy as enshrined in the Constitution of Islamic Republic of Pakistan" (clause (b) of section 20 of the Ordinance). The referred to Principles of Policy also mandate: "...enable the Muslims of Pakistan, individually and collectively , to order their lives in accordance with the fundamental principles and basic concepts of Islam and to provide facilities whereby they may be enabled to understand the meaning of life according to the Holy Quran and Sunnah. "
Another stipulation is to, "ensure that all programmes and advertisements do not contain or encourage violence, terrorism, racial, ethnic or religious discrimination, sectarianism, extremism, militancy, hatred..." (clause (c) of section 20 of the Ordinance). If any broadcast media violates the aforesaid provisions it constitutes an offence under section 33 of the Ordinance which is "punishable with a fine which may extend to ten million rupees" for the first offence, and its license may also be revoked.
6. It is a matter of grave concern when inflammatory , provocative or abusive statem ents are broadcasted as these have the effect of fanning the flames. There are also those who are pushing out hate propaganda. One wonders whether the violence that results and continues to express itself is a direct consequence of such broadcasts.
Freedom of speech and expression and independence of the media is cherished by the people of Pakistan guaranteed as it is under the Constitution, however , there is no place in the public discourse to propagate the commission of an offence or to incite people to resort to violence. Broadcasts cannot encourage violence, extremism, militancy or hatred.
7. It is also a matter of considerable concern that some people are propagating views broadcast which malign the Armed Forces of Pakistan by projecting the Armed Forces of Pakistan as something wholly apart from the Executive and, as if they are not, subject to the Constitution. In doing so they are clearly violating Article 5 of the Constitution. Just as judges take oath before entering office, and the oath, includes the following: "that I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan", so does every member of the Armed Forces, which is reproduced hereunder: "I_____, do solemnly swear that I will bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan which embodies the will of the people, that I will not engage myself in any political activities whatsoever and that I will honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and under the law .
May Allah Almighty help and guide me (A 'meen) "
Everyone is bound to uphold the Constitution of the Islamic Republic of Pakistan, including every media-anchor , politician, and aalim . Those who do not do so do not serve Pakistan. The people of Pakistan through their chosen representatives gave to themselves the Constitution and wherein it has been stipulated that, "Loyalty to the State is the basic duty of every citizen. Obedience to the Constitution and law is the inviolable obligation of every citizen wherever he may be and of every other person for the time being within Pakistan ".
8. Those carrying out violent acts, or advocating or propagating violence, or destroying or damaging property, or abusing, or resorting to hate speech also violate the injunctions of Islam. Article 2 of the Constitution stipulates that, "Islam shall be the State religion of Pakistan". A believer can not condone, let alone perpetuate violence.
It is a matter of some concern that those parts of our earlier orders which referred to the verses from Holy Quran and the sayings of Prophet Muhammad (peace and blessings be upon him) apparently were not propagated as mentioned in our previous order. For ease of reference we reproduce the following: From order dated November 21, 2017: "sowing divisions ('tafarraqu ') and difference ('ikhttalafu ') [is] against the clear proscription by Almighty Allah in Surah Ash-Shura (42) ayat 13, Surah Al-Imran (3) ayat 103 and ayat 105. Prophet Muhammad (peace and blessings be upon him) expanded on the Divine Message, warnings: "Do not engage in disagreement thereby causing discord among your hearts ". When two Muslims were loudly arguing in disagreement about the meaning of a Quranic verse he said: "People before you perished only because of their disagreement about the Scripture. " In his famous sermon delivered at mount Arafat he said that, "Every Muslim is a Muslim' s brother , and that Muslims are brethren ". He abhorred dissension (fitnah ). Shortly before his death he said, "O people the fire has been kindled, and dissension has set in like segments of a dark night. "
From order dated November 23, 2017: "Surah Al-Furqan (25) ayat 63 states that, "And the servant of (Allah) Most Gracious are those who walk on the earth in humility , and when the ignorant address them, they say, 'Peace!' " "And Allah loves not the proud and boastful " (surah An-Nisa , ayat 36)."
"Almighty Allah in surah Al-Ma'idah (5) ayat 32 equates the killing of a single person as equivalent to the killing of everyone and the saving of a single person as equivalent to saving everyone."
"No one can be allowed to use filthy-abu sive language to advance a political agenda in the guise of an Islamic cause as it amounts to denigrating the glory of Islam."
"Force and violence ( jabr) has no place in Islam. The word Islam itself means peace."
9. Those killing, maiming and injuring, and those destroying or damaging property and those advocating or justifying violence, purportedly in the name of Islam, attempt to denigrate Islam. They also provide fodder to the enemies of Islam and Muslims. And also help perpetuate the myth that Islam was spread by the sword. Peace is the religion of Islam, as can be gathered from the quoted verses of the Holy Quran. Islam's extraordinary message of peace and the beautiful sayings and the conduct of the Prophet Muhammad (peace and blessings be upon him) which good Muslims try their utmost to abide by persuaded hundreds of millions to turn to Islam.
By adhering to Islam's message of peace, articulated in the "Unity, Faith and Discipline" motto, the All India Muslim League and its leader, Mohammad Ali Jinnah, attained Pakistan.
10. We also issue notice to the Pakistan Electronic Media Regulatory Authority (PEMRA) with the direction to exercise extreme vigilance of the electronic media to ensure that electronic media is strictly complying with the provisions of the Ordinance hereinabove mentioned, failing which they should be proceeded against in accordance with law. PEMRA is further directed to submit a comprehensive report with regard to all the electronic media channels with regard to the matters mentioned above. Since we have made observations, which some in the media may consider adverse to their financial interest, therefore, those of them who have a different understanding of the Constitution, the Ordinance and the laws of Pakistan to the one as articulated above may file their concise statements. The Ministry of Information, Broadcasting, and National Heritage, Government of Pakistan, is directed to send a copy of this order to all electronic media contemplated in the Ordinance and to all newspapers and magazines published in Pakistan for information and compliance. To come up on January 3, 2018 .