A seven-member larger bench of the Supreme Court on Monday rejected the bail petition filed by Mir Hazar Khan Bijarani and directed the petitioner to approach the competent court for his bail matter in "Sang Chatti" Jirga case.
Former Federal Minister Mir Hazar Khan Bijarani who is also Member of the National Assembly and leader of Pakistan Peoples Party Parliamentarians appeared before the court in person along with his counsel Sardar Muhammad Latif Khan Khosa in "Sang Chatti" Jirga case. He pleaded for allowing his bail before arrest as the Lahore High Court had already rejected the protective bail.
The bench of the Apex Court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Abdul Hameed Dogar, Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokhar, Justice Mian Shakirullah Jan, Justice M Javed Buttar and Justice Raja Fayyaz Ahmed heard the case and rejected the bail before arrest of the petitioner with some remarkable observations.
The bench directed the competent court, which would be approached by the petitioner to decide the case on merit and without taking influence from the observations as well as directions of the Apex Court.
Chief Justice Iftikhar Muhammad Chaudhry said that the Jirga had taken law into hands by announcing illegal decision, which is against the provisions of the law.
A former Federal Minister has no right to take steps, which are not allowed in law, the bench said. If influential people would be given concessions for their wrong doing by courts then who will provide relief to poor people, the Chief Justice said.
Sardar Muhammad Latif Khan Khosa apprised the court that his client was not involved in any illegal activity. Basically, the Jirga was held to end old enmity between the two tribes of the area as they agreed upon the Jirga for this purpose.
The Jirga never decided about the marriage of minors, which is being highlighted in this case. The Jirga only decided provision of compensation to a tribe for the killing of their persons, which was Rs 750,000 according to written agreement, he said. Police officials of district Jacobabad also appeared before the court on notice.
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