Supreme Court has directed to proceed against in accordance with law and hold accountable those who obstructed people's right to use roads and damaged or destroyed properties during 2017 Faizabad Sit- in.
The directions were given by a two member bench of the apex court comprising Justice Qazi Faez Isa and Justice Musheer Alam while announcing judgment in Suo Mottu case of Faizabad sit in.
The written judgment said that the 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.
The judgement directed the Federal and provincial governments to monitor those advocating hate, extremism and terrorism and prosecute the perpetrators in accordance with the law.
The judgment reads every citizen and political party has the right to assemble and protest provided such assembly and protest is peaceful and complies with the law imposing reasonable restrictions in the interest of public order. It noted the right to assemble and protest is circumscribed only to the extent that it infringes on the fundamental rights of others, including their right to free movement and to hold and enjoy property.
The court in its judgment directed the Election Commission of Pakistan to proceed against the political parties not complying with the law governing political parties. All political parties have to account for the source of their funds in accordance with the law.
The judgement said the State must always act impartially and fairly. The law is applicable to all, including those who are in government and institutions must act independently of those in government.
The court directed the PEMRA to proceed as per the law against the broadcasters violating the rules and regulations of PEMRA ordinance. Cable operators who stopped or interrupted the broadcast of licenced broadcasters must also be proceeded against by PEMRA. 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.
The court directed the intelligence agencies to 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.
The judgment directed the police and other law enforcement agencies to develop standard plans and procedure to best handle rallies, protests and dharnas, and ensure that such plans/procedures are flexible enough to attend to different situations.