- “The nature of the case filed under Article 184(3) is different from other cases.”
- Direct interference can adversely affect rights of others: SC.
- The AAG assured to give due consideration to the petitioner’s complaint.
ISLAMABAD: The Supreme Court has said that the allegations made by the CEO of a private housing society against former spy chief Lieutenant General (retd) Faiz Hamid are of “extremely serious nature” and if proved true, would tarnish the reputation of the federal government.
These comments came after the apex court issued a written order for hearing on November 8 on the petition filed by Moiz Ahmed Khan against the former general.
The petition, filed in the Human Rights Cell (HRC) of the apex court, has sought action against General (retd) Faiz for allegedly grabbing land and stealing valuables.
“My house and office were raided on the orders of General (retd) Faiz Hamid on May 12, 2017. During the raid, valuables and records of our private housing society were stolen,” the petitioner had claimed.
A three-member bench led by Chief Justice of Pakistan (CJP) Qazi Faiz Isa and comprising Justices Athar Minallah and Justice Aminuddin Khan disposed of the plea and directed the complainant to approach the relevant forums.
In the written order, the top court said the allegations against the former spy chief “are of extremely serious nature, and if true, will undoubtedly damage the reputation of the federal government and other institutions”.
However, the judgment said that the nature of the case filed under Article 184(3) of the Constitution is different from other cases for several reasons.
The court said, firstly, the Supreme Court exercises the original power under Article 184(3) of the Constitution, and whenever the original power is exercised it must be done with caution.
“Secondly, where there are other forums to address this, it is best that they do so first.”
The top court also said that direct interference by this court under Article 184(3) of the Constitution may adversely affect the rights of others.
The Supreme Court said that the Additional Attorney General had assured the bench that the petitioner’s complaint/complaint would be given due consideration.
“Accordingly, if the applicant submits a complaint/complaint to the Ministry of Defense of the Government of Pakistan, it will be dealt with in accordance with law,” the judgment said.
