SC fixes APS attack suo-moto notice case for hearing

ISLAMABAD, Nov 07 (SABAH): The Supreme Court of Pakistan has  fixed suo-moto notice case taken regarding Army Public School (APS) attack. 

Three-member SC bench comprising Chief Justice GUlzar Ahmed, Justice Aijazul-Ahsan and Justice Qazi Muhammad Ameen Ahmed would take up the case on November 10. 

The apex court has issued notices to Attorney General Pakistan (AGP) Khalid Javed Khan and other parties of case including provincial authorities. 

Meanwhile Chief Justice Gulzar Ahmed has constituted a three-judge special bench to hear the review petitions pertaining to the judgment regarding Striking Down the Sacked Employees (Reinstatement) Ordinance Act, 2010.

The special bench, headed by Justice Umar Ata Bandial, will take up the case on November 11,2021 at 1:00 p.m.

The federal government and other filed review petitions against the SC verdict that the court passed the judgment without issuing a formal notice and hearing the Attorney General of Pakistan, particularly with reference to the constitutionality of the Act. Furthermore, the employees who had been conferred benefits under the Act, and who numbered in thousands, were neither heard nor provided an opportunity of hearing before the adverse action was taken against them.

The petitions further stated that the judgment under review was passed ignoring the principle of natural justice and is liable to be reviewed and recalled on this ground alone.The impugned judgment was reserved on December 16, 2019 but was not announced until August 17, 2021, after a lapse of 20 months, which is against the set principles of due process.

It is worth mentioning here that a three-member bench, comprising Justice Mushir Alam, Justice Qazi Muhammad Amin Ahmed and Justice Aminud Din Khan, directed that all benefits accrued to the beneficiaries of the act be stopped with immediate effect.

“The Act has extended undue advantage to a certain class of citizens thereby violating the fundamental rights under Article 4, 9, and 25 of the employees in the Service of Pakistan and being void under Article 8 of  Constitution,”.