IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
Present: 
 
Mr. Justice Mushir Alam 
Mr. Justice Qazi Faez Isa 
 
 
S.M.C.7 of 2017 and  C.M.As. 8732 and 8803 of 2017 in S.M.C.7 of 2017  
 
Suo Moto Action Regarding Islamabad -Rawalpindi Sit-in (Dharna) Case 
(S.M.C.7/2017) 
Impleadment Application by S. Iftikhar Gillani 
 
 
(C.M.A.8732/2017 S.M.C.7/2017) 
Impleadment Application by Siraj Ahmed and others 
 
 
(C.M.A.8803/2017 S.M.C.7/2017)  
 
 
 
 
 
 
 
 
 
For Federation: 
 
  
Mr. Ashtar Ausaf, Attorney General for Pakistan 
 
For Islamabad: 
 
 
Mian Abdur Rauf, AG, Islamabad. 
 
For Govt of Punjab: 
 
Mr. Razzaq A. Mirza, Addl. AG Pb. 
 
For M/o Defence:  
 
Lt. Cdr. Shafiq ur Rehman, Dy. Director (Legal) 
 
 
 
 
 
 
For PEMRA:  
 
 
Hafiz S. A Rehman, Sr.ASC 
 
 
 
 
 
Ms. Amna Nasir, Head (Legal) 
 
 
 
 
 
Mr. Sardar Irfan, DG PEMRA 
 
In CMA 8732 of 2017: 
 
Syed Iftikhar Hussain Gillani, Sr.ASC 
 
In CMA 8803 of 2017: 
 
Nemo  
  
Date of Hearing:  
 
03.01.2018 
 
ORDER 
Mushir Alam, J:   
C.M.As. 8732 and 8803 of 2017  
 
The Civil Misc. Applications No.8732 and 8803 of 2017 seek 
impleadment as a party in this Suo Moto Case No.7 of 2017. This Court 
has already taken notice of the matter and adding parties may 
encourage uncalled for further applications that may detract from the 
issue in hand, accordingly, both these application are dismissed. It may 
however be noted that the learned Attorney General for Pakistan has 
undertaken to look into the grievance of Syed Iftikhar Hussain Gillani, 
S.M.C.7 of 2017 and  C.M.As. 8732 and 8803 of 2017 in S.M.C.7 of 2017  
 
2
learned Sr. ASC as mentioned in his application (CMA 8732 of 2017) 
which pertains to the right of way under the Constitution and to access 
this Court. 
 
2. 
PEMRA has filed a report with loads of documents, we may 
observe that such report is not in compliance with the order of this 
Court dated 30.11.2017. The report called for was required to be 
confined to the matter in issue. The report filed is self laudatory and 
refers to action taken by PEMRA against various media houses in 
respect of other matters. We were dismayed by the assistance rendered 
by Ms. Amna Nasir, Head (Legal) and Sardar Irfan, DG, PEMRA on 
behalf of the PEMRA, they, however, apologized for the inconvenience 
caused to the Court sought to withdraw CMA No.26 of 2018, which is 
allowed to be withdrawn. Let the fresh concise statement confining to 
the matter in issue be filed within ten days with advance copy to the 
learned Attorney General for Pakistan who may assist the Court, as to 
the manner in which PEMRA, is required to act and perform its duties 
in accordance with law and whether it did so in this matter. 
 
3. 
The representatives of PEMRA stated that the office of Chairman, 
PEMRA is vacant. It may be observed that under the law absence of any 
member of the authority does not make the authority non-functional. 
The legal department and other departments continue their working 
and independently assist the authority, therefore, such plea is not 
accepted.  
 
4. 
Lt. Cdr. Shafiq ur Rehman, Deputy Director Ministry of Defence 
(an officer of BPS-18)  is in attendance and states that the Inter Services 
Intelligence (ISI) is under the control of Ministry of Defence and 
Intelligence Bureau (IB) is under the domain and control of the Ministry 
of Interior. He however was not able to respond to the matters raised in 
S.M.C.7 of 2017 and  C.M.As. 8732 and 8803 of 2017 in S.M.C.7 of 2017  
 
3
the orders passed by this Court nor did ISI file any report in this regard. 
The learned Attorney General is also not satisfied with such 
representation and concedes that in a matter of such sensitivity and 
importance senior officers of not less than Secretary grade and who are 
fully conversant with the matter in issue and in a position to answer 
questions with full responsibility should appear and assist the Court to 
arrive at a just conclusion, accordingly, we so direct. 
 
5. 
The learned Attorney General for Pakistan states that in view of 
the importance of this case he may be briefed by ISI himself and if 
satisfied that the matter in issue as divulged by the agency concerned 
cannot be disclosed in open Court he may request for in-camera 
briefing, but will only make this request if necessary and not otherwise 
as it may sensationalize the issue. ISI should submit fresh report within 
a fortnight which shall comprehensively attend to all matters which 
they were required to in previous orders. ISI shall also mention whether 
the organization/s and their leadership, which had taken the law into 
their own hands and paralyzed the twin cities, are under surveillance 
and whether their antecedents have been determined. In this regard we 
expect that comprehensive information should be provided. In addition 
the Court be informed whether ISI monitors extremist organizations/ 
persons and those who jeopardize the functioning of the State. ISI 
should also report on whether the social media presence of those 
spewing hatred/extremism and attacking the State is monitored and 
what, if any, steps taken to contain them.  
 
6. 
The learned Attorney General shall also assist the Court as to the 
authority that monitors, and may regulate/control, social media (such 
as Youtube, Facebook and Twitter) as it is noted that extremism and/or 
terrorism is being advocated thereon and is freely circulated on social 
media unchecked; and if it remains unchecked it may well become 
S.M.C.7 of 2017 and  C.M.As. 8732 and 8803 of 2017 in S.M.C.7 of 2017  
 
4
impossible to control, with grave consequences. In addition we be 
informed whether those who are violating the Constitution and laws of 
Pakistan on social media are prosecuted.   
 
7. 
We appreciate the concern expressed by senior counsel Syed 
Iftikhar Hussain Gillani who was deeply saddened by the manner in 
which the situation was handled by the State functionaries. We also 
appreciate his offer of assistance as and when required in the matter.  
 
8. 
Report of loss and damaged caused to the public and private 
property, persons and members of law enforcing agencies have been 
filed, however, deaths caused on account of inability to reach hospitals, 
etc. has not been mentioned, which should also be submitted before the 
next date of hearing.  
9. 
A report disclosing the cost, incurred by the State on the dharna, 
which needless to state is borne by the public exchequer, must also be 
submitted, including the cost incurred in treating the injured and the 
compensation, if any, paid with regard to destruction/damage to 
property and on account of injuries/deaths. 
10. 
The learned Attorney General states that he will be out of 
Pakistan on official duty and will not be available before 19th January, 
2018.   
11. 
Re-list in the first week of February, 2018. As we have been 
hearing this matter on a number of dates it would be appropriate to 
treat it as part-heard.     
 
 
 
 
 
 
Judge 
 
 
 
 
 
 
 
 
 
Judge 
ISLAMABAD, THE  
3rd of January, 2018 
arshed 
