SC calls into question workings of its human rights cell
The Supreme Court of Pakistan.—PHOTO: FILE
The Supreme Court (SC) held on Wednesday that the chief justice of Pakistan cannot pass any order in his chamber except those pertaining to matters mentioned in the SC Rules 1980.
Orders issued in chambers cannot be categorized as legal, noted a three-member bench led by CJP Qazi Faez Isa and comprising Justice Athar Minallah and Justice Aminuddin Khan while hearing a complaint filed by a woman against a housing society owner during the tenure of former CJP Saqib Nisar.
The CJP alone is not the SC, observed Justice Minallah. It is the judges and the chief justice who make the apex court, he noted.
The observations made by the bench have raised serious questions on the legality of the workings of the Supreme Court Human Rights Cell, which has been operational since 2005.
The court wondered as to how the CJP could summon parties in his chamber and pass directions to the relevant authorities.
The bench noted that matters of public interest could only be heard under Article 184(3) of the Constitution of Pakistan, wherein it is mandatory for the matter to be fixed for hearing before the court.
CJP Isa observed that there are three opinions on invoking jurisdiction under Article 184(3):
- That the CJP will invoke this jurisdiction
- That the bench will initiate proceedings
- That a full court should be convened to hear such matters
However, he noted, there is no opinion in the top court that suggests that the CJP can pass such directions in his chamber.
The top judge alone cannot pass any order in public interest matters, maintained CJP Isa.
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Meanwhile, Justice Minallah observed that the apex court's Human Rights Cell had become a source of injustice. Matters related to Article 184(3) cannot be taken up in chamber, he noted, wondering why no attorney general of the country has not raised objections to orders issued in chamber.
During the proceedings, the director of the Human Rights Cell had referred to an order issued by a full court on December 12, 2019, wherein the need to frame rules to streamline the Human Rights Cell was identified.
However, no meeting on the matter was held until September 18 of this year, informed the director.
The bench also disposed of a constitutional petition filed by the owner of housing society Top City in connection with his alleged abduction. The petition was filed against retired army officers, including the former director-general of the Inter Services Intelligence (ISI) General (retd) Faiz Hameed.
The three-member bench noted that the petitioner could approach avail remedy from the proper forum as mentioned by the additional attorney general of Pakistan.