- “Nature of case filed under Article 184(3) is different from other cases.”
- Direct intervention may adversely affect the rights of others: SC.
- AAG assured petitioner complaint would be given due consideration.
ISLAMABAD: The Supreme Court has observed that allegations levelled by the private housing society CEO against former spy chief Lt Gen (retd) Faiz Hamid are of an “extremely serious nature” and would tarnish the reputation of the federal government if proven true.
The observations come as the top court issued a written order for the November 8 hearing of the petition filed by Moeez Ahmed Khan against the former general.
The petition filed with the human rights cell (HRC) of the apex court, sought action against Gen (retd) Faiz for alleged land grabbing and stealing valuables.
“On May 12, 2017, my house and office were raided on the orders of General (Rtd) Faiz Hamid. 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 Faez Isa and comprising Justice Athar Minallah and Justice Aminuddin Khan disposed of the petition 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 an extremely serious nature, and if true, undoubtedly would undermine the reputation” of the federal government and other institutions.
However, the judgment said the nature of a case filed under Article 184(3) of the Constitution is different from other cases, for a number of reasons.
Firstly, the Supreme Court under Article 184(3) of the Constitution exercises original power, and whenever original power is exercised it must be done cautiously, the court said.
“Secondly, where there exists other forum(s) to attend to the same it is best that they first do so.”
The apex court also noted that direct intervention by this “Court under Article 184(3) of the Constitution may adversely affect the rights of others”.
The Supreme Court said the additional attorney general had assured the bench that the complaint/grievance of the petitioner would be given due consideration.
“Accordingly, if the applicant submits a complaint/grievance to the Ministry of Defence of the Government of Pakistan, it shall be dealt with in accordance with law,” the judgment added.