SC seeks details of KP internment centres

[ahlam1399]

ISLAMABAD: The Supreme Court of Pakistan on Wednesday sought details of scores of internment centres functioning in Khyber Pakhtunkhwa as well as the list of the internees detained therein with the ruling that it is a matter of fundamental rights of people that cannot be ignored. A five member bench of the apex court headed by Chief Justice Asif Saeed Khan Khosa resumed the hearing on petitions filed by the government of Khyber Pakhtunkhwa as well as the federal government, challenging the order of the Peshawar High Court (PHC) on October 17, striking down the Khyber Pakhtunkhwa government’s Action in Aid of Civil Power Regulation Ordinance 2019 as well as Vires of FATA Act 2019 and PATA Act 2018.Other members of the bench were Justice Gulzar Ahmed, Justice Mushir Alam, Justice Umar Ata Bandial and Justice Qazi Faez Isa.On October 24, the apex court had suspended until November 15 the order of the Peshawar High Court, declaring the Khyber Pakhtunkhwa government’s Action in Aid of Civil Power Regulation Ordinance 2019 as unconstitutional and issued notices to the AG as well as the KP government.On Thursday, the court directed Additional Advocate General Khyber Pakhtunkhwa (KP) Qasim Wadood to submit today (Thursday) complete details of the number of interment centres functioning in the province and providing list of detainees there along with complete addresses of their families. The chief justice observed that it’s a serious issue relating to fundamental rights of people. “This is a serious issue which has affected thousands of people and millions of families as well,” the CJP remarked, adding that if these interment centres were established lawfully, there is no issue but if they were established unlawfully, the court cannot ignore them.The court also rejected the plea of Attorney General Anwar Mansoor Khan seeking recusal of Justice Qazi Faez Isa from the bench, saying that the judge had levelled allegations against him, the president, the prime minister as well as the army. “The judge who had levelled allegations against me, the federation for being biased and the army for using the powers beyond its jurisdiction cannot sit on the bench with open mind,” Anwar Mansoor contended.The court rejected the plea of the attorney general while the chief justice told the AG that the matter he was referring to relates to another case, adding that the approach of a judge cannot remain the same in every case. The AG contended that the judge had levelled allegations against him and had raised questions on the jurisdiction of the army.Justice Gulzar Ahmed told the AG he would be comfortable as it was not his personal case, adding that representing the federal government, he was to assist the court.“But I will not be comfortable as well and it is my right to raise objections,” the AG submitted.The chief justice said it is the prerogative of the judge to refuse or to recuse himself from the bench. The CJP recalled that after assuming the charge, he had vowed to maintain transparency and constitute benches for adjudicating upon important constitutional matters as well as ensuring protection of the fundamental rights of the people, guaranteed by the constitution.“We have taken the oath to perform our duties without any fear and without being influenced by anyone, so forget about that”, the CJP told the AGP. The CJP then asked the AGP that the court has heard his objections, now he should commence his arguments, saying that the matter relates to fundamental rights of people who have been detained in interment centres.The AG said he will not argue and sought adjournment but the court rejected both the pleas of the AG and asked the counsel of former senator Farhatullah Babar to commence his arguments.The court had clubbed the joint petitions filed by Farhatullah Babar, senior leader of the Pakistan Peoples Party, along with those of Afrasiab Khattak, Bushra Gohar and Rubina Saigol under Article 184(3) of the constitution, challenging the Khyber Pakhtunkhwa government’s ‘Action in Aid of Civil Power Regulation Ordinance 2019.The counsel for Farhatullah Babar submitted before the court that they have challenged the impugned Khyber Pakhtunkhwa government ordinance extending certain powers of the armed forces, which were available in the erstwhile Fata and Pata while acting in aid of civil power to the entire province. He said the ordinance assigns wide-ranging powers to the authorized officers and armed forces besides giving an interning authority to detain a suspect until the continuation of action in aid of civil power by the armed forces. The armed forces have also been empowered to occupy any property with the approval of the provincial government.The counsel submitted that they had prayed to the court to declare that any direction issued by the federal government to the armed forces under Article 245(1) of the constitution to act in aid of civil power is liable to be struck down by the courts on the grounds of mala fide, being without jurisdiction or coram non judice.http://feeds.feedburner.com/~r/com/cwEr/~4/4aHqlCyRbA8

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