ISLAMABAD: The Supreme Court Monday directed the Additional Attorney General (AAG) to submit a report regarding restrictions on Dr Abdul Qadeer Khan’s movement and his meeting with the relatives.
A three-member bench headed by Justice Umar Ata Bandial heard the petition of the nuclear scientist challenging the order of the Lahore High Court (LHC) of September 25, 2019, disposing of his plea relating to the freedom of movement on the grounds that it lacks jurisdiction.
The AAG informed the bench that the government had restricted the movement of Dr Qadeer. The Court inquired with whom the nuclear scientist is allowed to meet. Justice Bandial said that the government should take necessary measures in light of his mental and physical health.
The AAG informed that a few days ago, Attorney General for Pakistan Khalid Jawed met with Dr Qadeer. He said that the many issues regarding the movement of Dr Qadeer have been resolved.
Advocate Taufeeq Asif, representing Dr Qadeer, said the former scientist wanted to present his point of view before the bench. Justice Bandial said Dr Qadeer is a patriot, adding no one can deprive his fundamental rights.
The judge said Dr Qadeer should be provided all facilities, and all the fundamental rights must be extended to him. The lawyer contended that Dr Qadeer has been confined in his house.
Justice Bandial told the lawyer don’t say things which are not true and deferred the case until the first week of September.
The LHC on 25-09-2019 had disposed of his writ petition due to lack of jurisdiction, and advised the petitioner to approach the Islamabad High Court (IHC) for redressal of his grievance. He, therefore, moved the top court against the LHC order.
He submitted that the order was not in consonance with the law laid down by the apex court in Kh Asif vs federation and federation vs Pervez Musharraf cases that the fundamental rights including freedom of movement could not be abridged, curtailed or denied arbitrarily on mere liking or disliking and under the garb of “reasonable restrictions.”
According to the petitioner, a SPD contingent was housed in the premises next door to his house. Only his grandchildren could come to meet him. His lawyers were restrained from meeting him. The friends have to justify the cause of his meeting them.
Dr Qadeer pleaded in the petition that he is 84-year-old and had undergone serious surgery for prostate cancer in 2006. Furthermore, he suffers from high blood pressure and depression, for which he has been hospitalised in the past and takes medicine daily.
He stated that these conditions have been aggravated due to the restrictions imposed upon him by the government, which have been detrimental to his health and family.
The petitioner fears these restraints will soon lead to his eventual demise.
Copyright Business Recorder, 2021
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