Suo motu power still rests with SC: Justice Mazhar

ISLAMABAD: The newly formed Constitutional Bench would head a petition against the extension of the Army Chief’s tenure next week (November 20).

Mahmood Akhtar Naqvi has filed the petition against the extension of the tenure of the Army Chief.

The Supreme Court (SC) on Friday issued the cause list of the Constitutional Bench for the next week.

According to the cause list, more than 2,000 cases have been fixed for hearing before the constitutional bench. A seven-member bench of the apex court, headed by Justice Amin-ud-din Khan, is scheduled to hear the case next week.

According to the cause list issued by the Supreme Court from November 18 to November 22, a seven-member bench headed by Justice Amin-ud-din Khan has been formed for the next week, which includes Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Hassan Azhar Rizvi, Justice Masrat Hilali and Justice Naeem Akhtar Afghan.

According to the cause list, the petition to make it mandatory for independent candidates to join a political party has been scheduled for hearing on November 18.

The hearing of the petition against the declaration of the Sunni Ittehad Council as a parliamentary party would also be held on November 20.

The hearing of PTI’s petition against the Sindh Local Government Act and PTI’s petition to hold elections on the census of 2017 and constituency delimitation would also be held on November 20. The hearing on MQM’s plea to conduct the sixth census would also be held on November 20.

The petition to grant basic human rights to Tharparkar’s citizens, IG Islamabad’s petition against political conversions, and the petition against the supply of drugs to students in educational institutions are also scheduled to be heard on November 20.

The hearing on the petition against the alleged corruption in the Sindh Development Authority will also be held on November 20. The petitions against the formation of the Audio Leaks Commission are scheduled to be heard on November 21. The PTI founder and others had challenged the formation of the Audio Leaks Commission.

A petition against the underground water payment case, child abduction and human trafficking, and the deteriorating situation in KP government schools has also been scheduled for hearing on November 21.

A hearing on the disqualification petition of Sindh Chief Minister Murad Ali Shah would also be held on November 21.

On November 22, the case for the rehabilitation of the victims of the October 2005 earthquake, the application for the construction of a Nai Gaj Dam, and the application for the implementation of the National Action Plan will be heard.

Meanwhile, the six-member Constitutional Bench established under the 26th Constitutional Bench headed by Justice Amin-ud-Din Khan heard 16 cases pending since long.

The Constitutional Bench held that the power to exercise suo motu jurisdiction still rests with the Supreme Court and only the procedure has changed.

Other members of the bench included Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan.

When the bench took up a suo motu case on anti-terrorism, advocate Munir Paracha, while appearing before the bench, contended that after the 26th Constitutional Amendment no further action was required to proceed with the present matter.

Justice Mazhar, however, clarified that the power to exercise suo motu jurisdiction still rests with the apex court and only the procedure has changed. He told the counsel that the only difference was that after the 26th Amendment, cases related to suo motu would be fixed for hearing before the Constitutional Bench.

Later, the bench disposed of the case.

Meanwhile, the Constitutional bench also disposed of a suo motu case taken by former Chief Justice Qazi Faez Isa pertaining to private use of Convention Centre in Islamabad after Additional Attorney General Aamir Rehman informed the court the expenses incurred on the event arranged by Pakistan Tehreek-e-Insaf (PTI) at the centre had been paid to Capital Development Authority (CDA) after the conclusion of the function.

Justice Mazhar observed that a notice had been issued to the former prime minister.

Justice Mandokhail observed that the Convention Centre should be run according to its policy.

The bench also adjourned hearing in a matter related to the service structure of Lady Health Workers (LHWs) with the direction to club the matter with other similar cases and issued notices to the parties.

Similarly, the constitutional bench adjourned for two weeks the matter related to concealment of foreign bank accounts and recovery of alleged money, looted from abroad.

The bench directed the Federal Investigation Agency (FIA) and Federal Board of Revenue (FBR) to file detailed reports on secret foreign bank accounts with comprehensive details pertaining to the recovery of looted money as well.

Counsel for the FBR Hafiz Ehsan submitted before the bench that process on the matter was in progress in accordance with law.

Justice Mazhar said that directions were given to the FBR, FIA and all the agencies for submitting their respective reports.

The counsel submitted that the issue concerned the FBR and Federal Investigation Agency (FIA) and other agencies had nothing to do with it.

Meanwhile, the bench adjourned the hearing for two weeks.

Likewise, the Constitutional bench while hearing a contempt case, granted time to former Federal Ombudsman Yasmin Abbasi for filing a reply and adjourned the hearing in the matter.

During the course of hearing, Justice Mandokhail questioned as to why they are proceeding with the matter when Yasmin Abbasi was no longer the Federal Ombudsman.

While Justice Musarat Hilali questioned as to whether the actions taken by the Federal Ombudsman could be challenged in a high court.

Justice Amin-ud-Din Khan, head of the Constitutional bench, however, replied that the high court has the jurisdiction to deal with if a forum takes action beyond its authority.

Justice Mazhar observed that the matter remains unresolved and pointed out that the Lahore High Court had issued arrest warrants for a judge during this case.

The judge noted that Yasmin Abbasi should be notified and informed about the proceedings, adding that the ombudsperson continued the case despite a high court stay order, constituting contempt of court.

Justice Mandokhail instructed that a notice be issued to the current Federal Ombudsperson to clarify whether they wish to proceed with the matter or withdraw it.

Meanwhile, the bench directed the counsel for Federal Ombudsman to take instructions on the matter and submit a reply.

As per the case, LHC’s former judge Justice Mansoor Ali Shah had directed the Federal Ombudsperson to stop proceedings in a harassment case against a woman.

Despite this, the ombudsperson had issued a contempt notice and arrest warrants against Justice Mansoor, intensifying tensions between the Federal Ombudsperson and the judiciary. Likewise, the bench also disposed of a case of Al-Jehad Trust verses Federation for being infructuous.

The bench also adjourned for ten days, hearing into a case related to establishment of an Information Technology (IT) University after directing the parties to resolve among themselves the issue amicably. During the course of hearing, Munir Paracha, counsel for the CDA, contended before the bench that without the approval of the federal cabinet, land for the purpose of establishment the university could not be allotted. He submitted that after the cabinet’s approval, land could be allotted for the university in I-17 sector

The bench also adjourned for second week of December, hearing in the case related to fixing of price for LPG. During the hearing, Justice Mandokhail observed that two commissions were constituted for the purpose and wondered as under what authority these were formed.