The Supreme Court of Pakistan had graciously admitted a Constitutional Petition No 122 in response to my letter published in the national English press. This case pertained to the 6,000 condemned prisoners awaiting the decision of their mercy petitions to the president since the past four years. The petition was fixed for 22-11-2012 at 9: 00 AM or soon afterwards as per convenience of the Hon’ble Court. However, I sat in Court Room No 4 since 8:30 AM while the hon’ble judges walked into the Court Room at 9: 45 AM, comprising a three-member bench as per cause list.
The attorney general who was supposed to be the respondent in my case was nowhere to be seen. The bench withdrew for tea break at 11: 00 AM but was replaced by a special bench comprising four hon’ble judges who assembled at 11: 30 AM to hear Islamabad High Court Judges case with the attorney general attending. He said that since 22nd was a declared holiday by the govt, the hon’ble judges ought to have observed it but the hon’ble judges said that they followed the directions of the Hon’ble Chief Justice and could work even on Sunday.
The hearing of special bench continued past 1: 00 PM with no inkling as to the Constitutional Petition No 122 being heard or not. I had incurred expenditure of Rs 10,000 to come to Islamabad on 21-11-2012 by road and staying there till the afternoon of 22 November with no hearing of Constitution Petition No 122. Dismayed, I returned to Lahore and authorised a legal counsel to follow the case on my behalf as I being a senior citizen of 83 years of age could not undertake repeated arduous journeys to Islamabad from Lahore and back. It would have been advisable to make it certain for the prescribed bench to hear my petition in time on 22-11-2012 as intimated.
I read the letter with great interest. The poor old man's story is full of pathos and lame. At age 64 it isvdefinitaely difficult to travel and attend the proceedings regularly. Mr. Bhatti did tthe right thing by entrusting the case to an attorhey. The cases of this kre not heard timely due to work oad of cases pending before the Court. Usually ikese matters are not disposed in one hearing bu the ciourt and the benches are specialformed keeping in mind tge delays to be caused. Mr. Bhatti I do not want to scare you. You are in it for a long haul. My best wishes for you. JAVAID BASHIR
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