Apex court disposes of petition filed against Lt. Gen (retd) Faiz Hameed on alleged land grabbing issue

ISLAMABAD, Nov 08 (SABAH): The Supreme Court of Pakistan has disposed of a constitutional petition filed by the owner of housing society Top City in connection with his alleged abduction. The petition was filed against retired army officers, including the former director-general of the Inter Services Intelligence (ISI) General (retd) Faiz Hameed. The court has directed the applicant to approach concerned forums including Defence Ministry for action against ex-DG ISI. Court said that criminal and civil proceedings could also be initiated against the ex-DG ISI Faiz Hameed. The court said in its order that if the applicant files application at the concerned forum it should be dealt in accordance with the law. Meanwhile Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa has said that the orders passed by former chief justice Mian Saqib Nisar on petitions filed under Article 184-3 of the Constitution have no legal worth. He said that whatever was done by Mian Saqib Nisar was against the constitution, law and Supreme Court rulers 1980.

Top City Housing Society CEO Moeez Ahmed Khan filed a petition with the human rights cell (HRC) of the Supreme Court of Pakistan seeking action against Lt. Gen. (retd) Faiz Hameed over alleged land grabbing and stealing valuables.

“On May 12, 2017, my house and office were raided on the orders of General (Retd) Faiz Hameed. During the raid, valuables and records of our private housing society,” said the petitioner Moeez Ahmed Khan.

A three-member bench led by Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa and comprising Justice Aminuddin Khan and Justice Athar Minallah heard the matter on Wednesday.

In his petition, Moeez Ahmed Khan said that the purpose of illegal proceedings against him was to take control of TopCity-1, a housing society located at Srinagar Highway in Islamabad.

“After the raid, I along with my five other colleagues were kept in confinement. The federal government should take action against Gen (Rtd) Faiz Hameed, his brother Najaf and others,” said the petitioner.

At the outset of the hearing, CJP Isa told the petitioner that he had leveled serious allegations in his plea.

The petitioner’s lawyer Hafeezur Rehman Chaudhry told the court that Gen (retd) Faiz Hameed abducted his client along with five others and kept them in confinement. “What should the court do?” asked the chief justice.

At this, the lawyer requested the court to order the Ministry of Defense to take action.

The CJP asked whether this type of case has ever been heard in the Supreme Court. The lawyer said this was the first time their plea was scheduled for a hearing.

CJP Isa then spoke about the case of Pakistani expat Zahida Javed Aslam who had filed a petition in SC’s HRC, alleging that Khan — who is the owner of TopCity-1, transferred her properties in his name fraudulently.

Zahida Javed Aslam had filed the case in 2017 under Article 184/3 in the human rights cell, said the CJP, adding that her case was heard by former CJP Mian Saqib Nisar in the chamber.

After that, Justice Minallah said he had declared the human rights cell “illegal” when he was the chief justice of Islamabad High Court, adding that it is not established under any law.

“Any chief justice cannot take matters outside the legal jurisdiction. How did the hearing take place when the matter did not come under judicial jurisdiction?” asked Justice Minallah.

CJP Isa then said that both the petitions come under Article 184/3. He added that the proceedings of the Supreme Court cannot take place in the chamber. “Only chamber appeals can be held in the chamber,” he remarked.

Disposing of the petition, the Supreme Court told the petitioner that he had other relevant forums to approach. “The Supreme Court has disposed of the petition without discussing the merits of the case,” it added.

Additional Attorney General Chaudhry Amir Rehman said that the petitioner can refer to the Ministry of Defence and the retired military officers can also be court-martialled after reinstating them on job, said the top court.

Later, Justice Minallah said: “Do not bring Supreme Court’s powers under Article 184/3 in every matter.”

The court said that the chief justice of Pakistan cannot pass any order in his chamber except those pertaining to matters mentioned in the SC Rules 1980. Orders issued in chambers cannot be categorized as legal, noted CJP.

The CJP alone is not the SC, observed Justice Minallah. It is the judges and the chief justice who make the apex court, he noted.

The observations made by the bench have raised serious questions on the legality of the workings of the Supreme Court Human Rights Cell, which has been operational since 2005.

The court wondered as to how the CJP could summon parties in his chamber and pass directions to the relevant authorities.

The bench noted that matters of public interest could only be heard under Article 184(3) of the Constitution of Pakistan, wherein it is mandatory for the matter to be fixed for hearing before the court.

CJP Isa observed that there are three opinions on invoking jurisdiction under Article 184(3).

However, he noted, there is no opinion in the top court that suggests that the CJP can pass such directions in his chamber.

The top judge alone cannot pass any order in public interest matters, maintained CJP Isa.

Justice Minallah observed that the apex court’s Human Rights Cell had become a source of injustice. Matters related to Article 184(3) cannot be taken up in chamber, he noted, wondering why no attorney general of the country raised objections to orders issued in chamber.

During the proceedings, the director of the Human Rights Cell Arif Niazi had referred to an order issued by a full court chaired by former chief justice Asif Saeed Khan Khosa on December 12, 2019, wherein the need to frame rules to streamline the Human Rights Cell was identified.

However, no meeting on the matter was held until September 18 of this year, informed the director.

The bench also disposed of a constitutional petition filed by the owner of housing society Top City in connection with his alleged abduction. The petition was filed against retired army officers, including the former director-general of the Inter Services Intelligence (ISI) General (retd) Faiz Hameed.

The bench noted that the petitioner could approach the available proper forum as mentioned by the additional attorney general of Pakistan.