Child kidnapping CB's first suo motu case

ISLAMABAD:

For the first time, the Constitutional Bench of the Supreme Court took a suo motu notice, and summoned all inspectors general of police and provincial home secretaries to address the issue of child abduction in the country.

A six-member larger bench headed by Justice Aminuddin Khan took notice of a child's kidnapping in Quetta and sought a report on recovery efforts from the authorities.

The bench heard a petition on missing children nationwide. During the hearing, Justice Jamal Khan Mandokhail questioned why a kidnapped child in Quetta remained missing after six days.

He pointed out at the protests in the Balochistan capital for the recovery of the child, and said that even schoolchildren had also taken out a procession in Quetta. Entire Quetta had been jammed due to the protest but the government did not care, he said.

Justice Mandokhail remarked that the case had been going on since 2018, while children were being kidnapped. He added that he would request the head of the bench to summon all the IGs to figure out what had been happening in the country.

Justice Musarrat Hilali, also sitting on the bench, questioned whether sex trafficking had been declared legal in Khyber-Pakhtunkhwa (K-P), noting a report claiming zero sex trafficking in the province. She asked how such a claim could be possible.

Justice Hilali said that child kidnapping was an important matter but the government lawyers were not prepared for the case. The Balochistan additional advocate general said that he would submit a report, but Justice Muhammad Ali Mazhar said that the court sought a solution to the issue, not just a report.

Justice Mazhar asked whether there was any institution or commission in any province which was working on the issue of child kidnapping. He pointed out that after the 18th Constitutional Amendment, this issue was a provincial subject.

Justice Aminuddin Khan ordered a detailed report on how many children were abducted and how many were recovered. The bench then summoned the provincial officials and adjourned further hearing of the case till November 28.

Audio leaks case

The Constitutional Bench of the Supreme Court ordered the attorney general for Pakistan (AGP) on Thursday to seek instructions from the federal government whether it wanted to take the audio leaks case forward or it wanted nomination of new judges for the inquiry.

The six-member bench led by Justice Aminuddin Khan heard the audio leaks case. The bench asked the AGP whether the audio leak commission was a live issue. He said that the commission head had retired, while another member had become a judge of the Supreme Court.

In response, AGP Mansoor Usman Awan sought time to get instructions from the government on the matter. Justice Aminuddin Khan told the AGP that if a new commission was formed, the case currently before the bench would become infructuous.

The case pertained to the alleged audios of then Jutice Mazahir Ali Naqvi, former Punjab Chief Minister Parvez Elahi, lawyer Abid Zubairi were leaked during the previous Pakistan Democratic Movement (PDM) government.

A three-member commission was established under the chairmanship of then Justice Qazi Faiz Isa, with Justice Naeem Akhtar Afghan and Justice Aamer Farooq as its members. However, after the first meeting of the commission, a Supreme Court bench led by then chief justice Umar Atta Bandial stopped it from working. After which the case was heard again on Thursday.

MPs voting

The Supreme Court's constitutional bench has issued notices to former Punjab chief minister Chaudhry Pervaiz Elahi and others in a case seeking court's guidance on whether a party leader or parliamentary head can direct party members on voting in parliament.

A six-member constitutional bench of the Supreme Court headed by Justice Aminud din Khan heard the review petition about removal of former Punjab chief minister Hamza Shehbaz Sharif from the post.

Advancing his arguments, Hamza Shehbaz's counsel Haris Azmat said the verdict of 63A review petition stated that the three-member bench overlooked the ruling of 17-member bench. He pointed out the case still possesses a question, adding, "We want to keep the party head's direction supreme over the parliamentary leader's."

The court issued notices to all parties, including Chaudhry Pervaiz Elahi.