SC hears Centre, KP appeals against PHC verdict on internment centres

ISLAMABAD: A five-member larger bench of the Supreme Court headed by Chief Justice Asif Saeed Khan Khosa Wednesday heard appeals against the Peshawar High Court (PHC) judgment on the internment centres, ARY News reported.

Justice Gulzar Ahmed, Justice Mushir Alam, Justice Umar Ata Bandial and Justice Qazi Faez Isa were other members of the bench.

The federal government and the provincial government Khyber Pakhtunkhwa had challenged Oct. 17 verdict of the PHC against the internment centres.

Attorney General during the hearing objected over induction of Justice Qazi Faez Isa as a member of the bench.

Justice Faez Isa is a judge, how could you object over him, Justice Mushir Alam asked the A.G.

A Presidential reference has been in pending against Justice Qazi Faez Isa, the attorney general said.

Can you raise the objection as the Attorney General, Justice Mushir Alam asked. “Yes I can and I am raising the objection,” A.G. Anwar Mansoor said.

The chief justice set aside the objection and the bench asked the A.G. “We have noted the objection, you should now present your arguments.

“Tell the reason of your plea for adjournment of the hearing, the bench asked the A.G. “I was not prepared to present my arguments before the court,” attorney general said.

It is the case of illegal detention and the hearing could not be adjourned when the victims are in unlawful detention, Chief Justice Khosa said. “We are hearing arguments of the petitioners if you are not prepared,” chief justice further said.

The counsels of Farhatullah Babar and other petitioners initiated their arguments.

Chief Justice remarked that it is the matter of human lives and constitutional liberties, this matter could not be ignored.

“A person can be detained not more than 24 hours during which he should be produced before a magistrate.

The bench issued orders for submitting detailed list of the prisoners in the court till tomorrow and adjourned the hearing until 11:30 AM on Thursday.

The PHC had declared the Action (in Aid of Civil Powers) Ordinance 2019, KP continuation of laws in erstwhile Pata Act 2018, KP continuation of laws in erstwhile Fata Act 2019 and Actions (In Aid of Civil Powers) regulation, 2011 as ultra vires of the Constitution.

The court also held that Ordinance V of 2019 is of no lawful authority in view of which secretary home KPK Civil Secretariat Peshawar is directed to notify all the interment centers as sub-jails in accordance with law within 24 hours, from the receipt of the judgment and IG prisons KPK was directed to take control of all such jails so declared, within next three days.