ISLAMABAD: The Supreme Court (SC) on Wednesday rejected an objection raised by the attorney general over the inclusion of Justice Qazi Faez Isa in the five-judge bench hearing the federal and Khyber Pakhtunkhwa governments’ appeals against the Peshawar High Court’s (PHC) judgement in the internment centres case.
The five-judge bench headed by Chief Justice of Pakistan Asif Saeed Khosa includes Justice Gulzar Ahmed, Justice Mushir Alam, Justice Umar Ata Bandial and Justice Isa.
At the onset of the hearing, Attorney General for Pakistan Anwar Mansoor objected to the induction of Justice Isa in the five-member bench.
“Justice Faez Isa is a judge, how can you object over him?” Justice Mushir Alam asked the AGP, to which he replied that a presidential reference is pending against Justice Isa.
Can you raise the objection as the Attorney General, Justice Mushir Alam asked. “Yes I can and I am raising the objection,” AG Anwar Mansoor said.
The chief justice, however, set aside the objection and asked the AGP to present his arguments.
“Tell the reason of your plea for adjournment of the hearing,” the bench asked the AG. “I was not prepared to present my arguments before the court,” he responded.
“It is a case of illegal detention and the hearing cannot be adjourned when the victims are in unlawful detention,” Chief Justice Khosa said. “We are hearing arguments of the petitioners if you are not prepared,” chief justice further said.
The counsels of Farhatullah Babar and other petitioners initiated their arguments.
The CJP remarked that it is the matter of human lives and constitutional liberties, this matter could not be ignored.
“A person can be detained not more than 24 hours during which he should be produced before a magistrate.
The bench issued orders for submitting detailed list of the prisoners till 11:30am on Thursday.
The PHC had declared the Action (in Aid of Civil Powers) Ordinance 2019, KP continuation of laws in erstwhile Pata Act 2018, KP continuation of laws in erstwhile Fata Act 2019 and Actions (In Aid of Civil Powers) regulation, 2011 as ultra vires of the Constitution.
The court also held that Ordinance V of 2019 is of no lawful authority in view of which secretary home KPK Civil Secretariat Peshawar is directed to notify all the interment centers as sub-jails in accordance with law within 24 hours, from the receipt of the judgment and IG prisons KPK was directed to take control of all such jails so declared, within next three days.