Constitutional bench takes suo motu notice of child abduction in Balochistan

ISLAMABAD: The Constitutional Bench on Thursday took its first suo motu notice on abduction of a child in Balochistan and expressed reservations over the performance of governments as well as rapid increase of incidents relating to kidnapping of children across the country.

The six-member Constitutional Bench, headed by Justice Amin-ud-Din Khan, heard scores of cases, including the matter pertaining to missing children across the country.

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

The bench, while hearing the petition regarding missing children, summoned all IGPs and home secretaries on the next date of hearing.

During the hearing, the bench also took notice of abduction of a child in Balochistan and sought report from the provincial government.

Justice Mandokhel remarked that a child has been abducted while the provincial government has failed for the past six days to recover the child.

The whole province has been jammed due to the protest launched by the people there but the government has no concerns, he remarked, adding that even schoolchildren have also brought out protest rallies in the province. The judge further noted that the case is pending since 2018 but still children are being abducted, adding that every second case related to child abduction comes to the court.

The Balochistan additional advocate general told the bench that he could file a report on the abduction of children. Justice Mazhar, however, told the law officer that they didn’t need the report but practical measures to curb child abduction. Justice Mandokhel suggested the bench to summon the inspector generals of police of all the provinces.

Meanwhile, the bench sought a comprehensive report stating as to how many children have been abducted and how many recovered so far and adjourned the hearing until November 28.

The bench, while hearing the review petition of former Punjab chief minister Hamza Shehbaz against the apex court judgement on Article 63-A of the Constitution, issued a notice to former Punjab chief minister Chauhdry Pervaiz Elahi.

On Thursday, during the course of hearing, Justice Mandokhel questioned as to who will issue directives for casting his vote in the assembly, the party head or the parliamentary party leader?

The counsel for Hamza contended that their main law point is that both the party head and parliamentary leader are the same. He submitted that PMLQ leader Chaudhry Shujaat Hussain had directed his MPAs to cast their votes in favour of Hamza. The counsel submitted that the apex court in its judgement declared that not the party head but parliamentary leader can issue directions in this regard.

Justice Mandokhel, however, observed that in Article 63-A, it is mentioned that parliamentary head of the party can give direction for casting the votes. Justice Mandokhel observed that this is an important issue to which Justice Amin-ud-Din Khan said that they are also issuing notice to the attorney general on the matter.

AG Mansoor Usman Awan told the bench that he cannot appear in this case as he was the counsel for Hamza, adding that additional attorney general would assist the bench in this regard. Later, the court issued notices to Elahi as well as the additional attorney general and adjourned the hearing.

Separately, the Constitutional Bench, while hearing a matter regarding plea of Audio Leaks Commission, directed the AG to seek instructions from the government if it intended to form new commission or not.

During the hearing, Justice Amin-ud-Din Khan asked the AG as to whether the Audio Leaks Commission was still there as chairman of the Judicial Commission on Audio Leaks has retired while its another member has become a judge of the Supreme Court. Mansoor Awan told the court that a law point is still there regarding the commission but sought time for seeking instructions from the government.

Later, the bench adjourned the hearing until next week, granting the AG time for seeking instructions from the government.

Likewise, the bench, while hearing a suo motu notice on the plight of government schools in KP, summoned on next date of hearing the provincial finance, education and works and department secretaries.

During the hearing, the KP additional advocate general informed the bench that some 463 schools in public sectors have been made functional, adding that 60 schools have been made functional in Mansehra and Abbottabad, adding that 75 percent construction of some 30 to 40 schools have been completed. Later, the court adjourned the matter for two months.

Similarly, the Constitutional Bench, while hearing a matter related to powers exercised by the Lahore High Court’s former chief justice beyond limits issued notice to the LHC Registrar and Punjab advocate general. The bench heard the petition filed by a Lahore-based lawyer Mian Dawood challenging the misuse of powers exercised by LHC former CJ Ameer Hussain Bhatti.

Furthermore, Dawood said that former CJ Bhatti revoked the punishments of several employees based on judicial orders, even suspending penalties for those with pending appeals before service tribunals, effectively hampering their functioning. He submitted that the steps taken by the LHC former CJ were tantamount to misuse of powers, adding that the former CJ also granted promotions, salary increments, transfer orders, and extended leaves to various LHC employees before retirement, all while disregarding rules and administrative policies.

Meanwhile, the court adjourned the matter for date-in-office.