During the hearing, a three-judge bench, headed by Chief Justice of Pakistan Mian Saqib Nisar and comprising Justice Umar Ata Bandiyal and Justice Ijaz ul Ahsan, was requested by ISI Counter Intelligence DG General Faiz Hameed to grant six weeks to clear the road.
It’s unprecedented that a senior officer of the top spy agency appeared before the apex court in any matter.
Legal experts say that now it has become a precedent that senior officers of spy agencies appear in person before the court in any case.
During the hearing, the bench remarked, “No one should think to defy the court’s order.”
Top court suspends IHC order to remove barricades in front of security agency HQ
The chief justice also told General Hameed that he should not hesitate in appearing before the court.
General Hameed replied that the agency had given many sacrifices for the country.
Upon this, CJP Nisar said that they were well aware of their sacrifices for the country and lauded their efforts. “Supremacy of the Constitution must be upheld,” said the top judge.
Earlier, at the onset of the hearing, the ISI sought three months to present alternative security plans for the agency’s headquarters near Aabpara.
However, the bench observed that the agency could not be given liberty to act on its own.
The chief justice remarked that the intelligence agency was well-equipped with resources to remove the barricades within a month. “We cannot give more than four weeks to clear the street. Make a bomb proof wall or shift the headquarters elsewhere,” he remarked.
The top judge stated that the apex court could not maintain different standards for ISI and the general public.
The defence ministry while submitting a written statement stated that the ISI was the premier national security agency which had dedicated itself to protect the country from enemies of Pakistan operating from outside as well as from within the country.
“Upon the deterioration of security situation in Pakistan from 2008 onwards, the ISI offices and personnel have been the prime target of the enemies of Pakistan as well as terrorist forces and organisations,” says the application.
It is further submitted that the ISI offices in Lahore, Peshawar, Sukkur, Swat and Multan were attacked resulting in loss of precious lives and property due to absence of proper security arrangements. Therefore, arrangements were necessary to protect the headquarters in Islamabad by ensuring a standoff distance between the road meant for general public and the ISI headquarters. The current security arrangements at the ISI headquarters were made on temporary basis.
The application further states that in view of multiple technical and operational details, foolproof security and planning will be required, which will take approximately 10-12 weeks.
However, the bench rejected this plea by directing the top agency to remove all barricades from the road within two months.
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