The Supreme Court has disposed of a petition against former Inter-Services Intelligence (ISI) chief Lt Gen (retd) Faiz Hameed over allegations of possession of land.
Earlier, the court was requested to allow the presentation of evidence against the former Inter-Services Intelligence chief over allegations of possession of land.
The plea was made during the hearing of a human rights case against the former ISI director general in the Supreme Court. A three-judge bench headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa heard the petition.
The court said relevant forums were available to the petitioner for action, and disposed of the plea without touching the merits of the case.
The petitioner has made allegations against the government and some other personalities, the CJP remarked. Does this constitute a case under Article 184(3)? CJP Isa asked.
Justice Athar Minallah asked to try to understand the difference between the human rights cell and the Supreme Court, adding that the cell has no legal authority or status.
“The human rights cell is a great source of injustice,” he commented. No chief justice can take any action that is not of judicial nature, he said further.
“Where does the present case fit according to Supreme Court rules?” Justice Aminuddin Khan questioned.
According to the Constitution and the law, no chief justice or judge can proceed in chambers, CJP Isa remarked. According to the rules, chamber hearing is possible only on appeals against the registrar’s objections, he said.
During former CJP Saqib Nisar’s era, the hearing of human rights cases in chambers was declared illegal. In a chamber, any case can be fixed for hearing only, the CJP remarked, adding that no chief justice cannot issue any order in any case in chamber.
The SC directed petitioner Moeez Khan to approach other forums. It added that there was an option to approach the Defense Ministry against a retired army officer.
