Wednesday, November 08, 2023
A housing society's CEO filed a petition with the human rights cell (HRC) of the Supreme Court seeking action against former Inter-Services Intelligence (ISI) director general Lt Gen (retd) Faiz Hamid over alleged land grabbing and stealing valuables.
"On May 12, 2017, my house and office were raided on the orders of General (Rtd) Faiz Hamid. During the raid, valuables and records of our private housing society were stolen," said the petitioner Moeez Ahmed Khan.
A three-member bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Athar Minallah and Justice Aminuddin Khan heard the matter on Wednesday.
In his petition, 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 Hamid, his brother Najaf and others," said the petitioner.
At the outset of the hearing, CJP Isa told the petitioner that he had levelled serious allegations in his plea.
The petitioner's lawyer told the court that Gen (retd) Hamid 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 Defence 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.
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 Saqib Nisar in the chamber.
After that, Justice Minallah said he had declared the human rights cell "illegal", 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.
The additional attorney general said that the petitioner can refer to the Ministry of Defence and the retired military officers can also be court-martialled, said the top court.
Later, Justice Minallah said: "Do not bring Supreme Court's powers under Article 184/3 in every matter."