The Supreme Court has disposed of a petition against former Inter-Services Intelligence (ISI) chief Lt Gen (retd) Faiz Hameed over allegations of possession of land.
Earlier, the court was requested to allow the presentation of evidence against the former Inter-Services Intelligence chief over allegations of possession of land.
The plea was made during the hearing of a human rights case against the former ISI director general in the Supreme Court. A three-judge bench headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa heard the petition.
The court said relevant forums were available to the petitioner for action, and disposed of the plea without touching the merits of the case.
The petitioner has made allegations against the government and some other personalities, the CJP remarked. Does this constitute a case under Article 184(3)? CJP Isa asked.
Justice Athar Minallah asked to try to understand the difference between the human rights cell and the Supreme Court, adding that the cell has no legal authority or status.
“The human rights cell is a great source of injustice,” he commented. No chief justice can take any action that is not of judicial nature, he said further.
“Where does the present case fit according to Supreme Court rules?” Justice Aminuddin Khan questioned.
According to the Constitution and the law, no chief justice or judge can proceed in chambers, CJP Isa remarked. According to the rules, chamber hearing is possible only on appeals against the registrar’s objections, he said.
During former CJP Saqib Nisar’s era, the hearing of human rights cases in chambers was declared illegal. In a chamber, any case can be fixed for hearing only, the CJP remarked, adding that no chief justice cannot issue any order in any case in chamber.
The SC directed petitioner Moeez Khan to approach other forums. It added that there was an option to approach the Defense Ministry against a retired army officer.
The petition
The petitioner had argued in the petition that the purpose of the illegal action by the former spy chief was to gain control of a housing project. He then asked the apex court to allow him to present the evidence against Lt Gen (retd) Faiz Hameed.
The court gave some time to the lawyer of petitioner, Moeez Ahmed Khan - the chief executive officer of Topcity Housing Scheme, to prepare his arguments.
The petitioner maintained that on May 12, 2017 a raid was conducted at his house and office on the orders of Faiz Hameed. The purpose of the illegal action was to gain control of Topcity housing project, the petitioner claimed.
He alleged that during the raid, valuable items from the house and records of the housing society were stolen. According to the petitioner, “After this raid, my five associates and I were arrested and kept in illegal custody.”
His lawyer told the court that Moeez Khan and his family were kidnapped on May 12, 2017.
The petitioner requested that the federal government take action against Lt Gen (retd) Faiz Hameed, his brother revenue officer Najaf Hameed and other associates, and requested the court to allow him to present evidence for his arguments.
CJP Isa told the petitioner he has made serious allegations in the petition. “Will you appear in the case yourself or through a lawyer?” he asked.
The petitioner said he had engaged a lawyer just yesterday, and asked to adjourn the proceedings for some time.
The CJP inquired if the court had previously taken any notice of this matter in the past.
The petitioner's lawyer said the apex court had not taken any direct action. According to him, the Ministry of Defence was authorized to conduct an inquiry into this matter.
CJP Isa remarked that the court will not order an adjournment, and the counsel should prepare now. The Supreme Court then announced a short break in the hearing.
