- The petitioner alleges that General (retd) Faiz Hameed raided his house and office.
- “During the raid, valuables and records of the housing society were stolen,” he alleged.
- A three-member bench led by CJP Isa is hearing the petition.
The CEO of a housing society has filed a petition in the Human Rights Cell (HRC) of the Supreme Court against former Director General of Inter-Services Intelligence (ISI) Lieutenant General (Retd) Faiz Hameed in a case of alleged land grabbing and theft of valuables. Action has been demanded.
Petitioner Moiz Ahmed Khan said, “On May 12, 2017, my house and office were raided on the orders of General (retd) Faiz Hameed. During the raid, valuables and records of our private housing society were stolen.”
A three-member bench headed by Chief Justice of Pakistan (CJP) Qazi Faiz Isa and comprising Justice Athar Minallah and Justice Aminuddin Khan heard the case on Wednesday.
In his petition, Khan said that the purpose of the illegal proceedings against him was to gain control over the housing society Topcity-1 located on Srinagar Highway in Islamabad.
“After the raid, I and my five other colleagues were kept in captivity. The federal government should take action against General (retd) Faiz Hameed, his brother Najaf and others,” the petitioner said.
At the beginning of the hearing, CJP Isa told the petitioner that he had made serious allegations in his petition.
The petitioner’s counsel told the court that General (retd) Hameed along with five others had kidnapped his client and kept them in captivity.
“What should the court do?” asked the Chief Justice.
On this the lawyer requested the court to order the Defense Ministry to take action.
CJP asked whether such a case had ever been heard in the Supreme Court. The lawyer said this is the first time his petition has been scheduled for hearing.
CJP Isa then talked about the case of Pakistani expatriate Zahida Javed Aslam, who had filed a petition in the SC’s HRC, alleging that Khan – who owns Topcity-1 – had fraudulently sold her properties. Transferred from to his name.
The CJP said Aslam had filed a case in the human rights cell under Article 184/3 in 2017, with his case being heard in the chamber by former CJP Saqib Nisar.
After that, Justice Minallah said he had declared the human rights cell “illegal”, adding that it was not established under any law.
“No Chief Justice can take a case out of legal jurisdiction. How was the hearing conducted when the case did not fall within the judicial jurisdiction?” Justice Minallah asked.
After this CJP Isa said that both the petitions come under Article 184/3. He said that the proceedings of the Supreme Court cannot be held in the chamber.
He commented, “Only chamber appeals can be conducted in the Chamber.”
While disposing of the petition, the Supreme Court told the petitioner that he had other relevant forums to approach.
“The Supreme Court has disposed of the petition without discussing the merits of the case,” it said.
The top court said, the Additional Attorney General said that the petitioner can refer to the Defense Ministry and a court martial of retired military officers can also be done.
Justice Minallah later said, “Do not bring the powers of the Supreme Court under Article 184/3 into every case.”
