The Supreme Court has directed the Khyber Pakhtunkhwa government to furnish a list of persons interned in seven internment centers in KPK by today (Thursday) and rejected Attorney General for Pakistan's plea for recusal of Justice Qazi Faez Isa from the bench.
"Provide the details of interned persons, their names, parentage, addresses, since how long they have been in internment centers, and what are the allegations against them?" Chief Justice Asif Saeed Khan Khosa ordered Additional Advocate General KPK Qasim Wadood.
Since the verdict of PHC, there have been some reports that some persons in the internment centers have been removed here and there, observed the Chief Justice. "We have to ensure the lives of persons in internment centers are protected."
The Chief Justice was heading a five-member special bench, which heard the federation's and KPK's appeals against the Peshawar High Court verdict and the constitutional petition of the civil society against the Action in Aid (Civil Power) Amendment Ordinance, 2019.
A division bench of PHC comprising Chief Justice Waqar Ahmad Seth and Justice Musarrat Hilali on October 17 decided the writ petition along with a number of other petitions and the applications for contempt of court through a consolidated judgment. The High Court declared that 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 are ultra vires of the Constitution.
However, the apex court in the last hearing (October 24) had suspended the PHC verdict till the final decision on appeals.
During the course of proceeding, the Chief Justice stated: "We are dealing with the citizens' (fundamental rights) and the Fundamental Rights. Can anyone usurp their rights?" It can't be allowed in a situation where army is called in aid of civil power for helping the civil authority assume the power of that authority which has called it for help.
The Chief Justice further said no one can be taken into custody for an indefinite period. He said no one can be allowed to take away the judicial power. "Can any regulation bypass the civil and judicial power, which is recognized worldwide?" the CJP inquired from the AAG KPK.
He directed the additional advocate to submit the history of invoking Article 245 of Constitution to call in army in Action in Aid of Civil Power.
At the outset of the hearing, AGP Anwar raised objection on inclusion of Justice Qazi Faez in the bench. He said: "I have objection on one of the members of the bench as he has expressed personal views against AGP, federal government, Prime Minister and President of Pakistan. This will create clear and apparent bias against the federation, which is a party to the case. There is specific personal allegation against me, the federation and the army."
The Chief Justice asked the AGP, "What you have pointed out is relevant to a particular case," adding he (Justice Qazi) is not against any particular individual. Justice Gulzar asked Anwar Mansoor, "It is not your personal case. Why are you feeling uncomfortable?"
At the conclusion of the hearing, the Chief Justice told AGP Anwar Mansoor that there should be no ill-will or personal feelings. "Any litigation even where a judge of the Court is party does not affect the proceedings of the case of constitutional nature as they have taken oath to defend and protect the Constitution. We will do justice to the case."
Copyright Business Recorder, 2019
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