Let the system be 'fully exposed', remarks SC judge

It's better not to seek our opinion on IHC system: Justice Afghan

ISLAMABAD:

The Supreme Court on Thursday heard appeals seeking suspension of the sentences handed down to Iman Mazari and Hadi Ali Chattha, with Justice Naeem Akhtar Afghan remarking that the court would remain present even if a case disappeared from the system.

A two-member bench headed by Justice Afghan heard the appeals.

During the hearing, Justice Afghan asked when the Islamabad High Court's (IHC) summer recess would end. The additional attorney general said the high court would resume regular proceedings from Sept 6. The additional attorney general argued that the appeals seeking suspension of the sentences were not maintainable.

Justice Ishtiaq Ibrahim asked where was it mentioned in the law that such appeals were not maintainable.

Counsel Faisal Siddiqui told the court that the Supreme Court had directed the IHC to decide the sentence-suspension appeals within two weeks, but the order had not been implemented.

The additional attorney general said the IHC had its own system under which cases were fixed for hearing. "It's better not to seek our opinion on the IHC's system," remarked Justice Afghan.

Siddiqui said the cases had suddenly been fixed before the IHC for Sept 8, adding that whenever the apex court was about to decide the matter, the cases were fixed before the high court. "Let the system be fully exposed," Justice Afghan remarked.

Siddiqui said the cause list had not yet been issued and expressed concern that the case might disappear from the system.

"The case may disappear from the system, but we will not. Don't worry, we are here and, if life permits, we will be here in the future as well," Justice Afghan remarked.

Justice Ishtiaq observed that the court had only been asked to decide the sentence-suspension applications, adding that the court could also dismiss the plea.

Justice Afghan said that at the next hearing, either the bench would be deciding the matter or the petitioners would be withdrawing their applications.

The court adjourned further proceedings until September 17.