The Supreme Court on Thursday issued notices to the Strategic Plans Division (SPD) and the Attorney General for Pakistan (AGP) on Dr Abdul Qadeer (AQ) Khan's petition to allow him to move freely without any restriction.
A two-member bench comprising Justice Mushir Alam and Justice Yahya Afridi heard Dr Abdul Qadeer's petition.
The government yesterday (Wednesday) on the direction of the apex court had arranged Dr AQ Khan's meeting with his counsel at his residence for half an hour.
Taufiq Asif, representing Dr AQ Khan, informed the bench that after the meeting, his client gave a letter with the direction to submit it to the court.
The two-page letter written by the nuclear scientist himself and duly signed says: "In my previous petition in the Islamabad High Court, I was forced to sign my alleged consent in the said case, which was not with my free will and consent. In such a situation I don't expect any legal remedy from the High Court. Therefore, I request that my fundamental rights may be safeguarded by this august court.
I was forced today by the law officer to withdraw my petition and go to the IHC."
Dr Qadeer requested the apex court to hear his petition.
The letter further states; "I am the petitioner in CPLA No.4889/2019, which case was fixed for hearing today (Thursday). This august court passed a direction to the government to produce me in the courtroom today. I was taken by the SPD agents to the Supreme Court building but they did not produce me in the court, rather they kept me in different locations and lastly, I was made to sit in the room adjacent to the registrar's office. I was neither provided any opportunity to consult my lawyers, nor was I taken to the courtroom to attend the court proceedings. In this way the government has violated the direction of the august court. Hence have committed the contempt of court. That the present CPLA 4889/2019 has been filed under my instruction. I had been kept as a prisoner, having no free movement as meeting with anybody, including my lawyers which is against the spirit of fundamental rights as provided in the Constitution of Pakistan."
During the proceeding, Justice Yahya Afridi while addressing Dr A Q Khan's counsel said there are three options for his; first argue on the petition; second withdraw it; and third to file another petition under Article 184(3) of Constitution.
He asked the nuclear scientist's counsel that if his client wanted this case be heard then he has to assist the court.
He said as a judge they cannot allow anyone to disrespect any high court of the country. He said that though the petitioner is respected one but would not permit him to ridicule a high court.
He said the practice of transferring cases from one high court to another would not be permitted.
He said that the high court had restricted the movement of petitioner with his consent. After an Islamabad High Court order why the petitioner approached the Lahore High Court with the same contention.
Taufiq Asif said the petition before the LHC was filed in "extraordinary" circumstances.
Attorney General for Pakistan Khalid Jawed Khan objected the wordings of Dr AQ Khan's letter.
Justice Afridi asked him if he has objection on the contents of the letter then he could file an application against it.
The AGP contended that according to the letter Dr AQ Khan has no hope of getting relief from the IHC.
Justice Afridi said they have warned the petitioner to carefully use words.
Opposing the letter the AGP requested the bench not to accept it.
Rejecting his plea, the bench made AQ Khan's letter part of court's record.
The case will be fixed after Eid.
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