ISLAMABAD - The Supreme Court of Pakistan on Tuesday rejected the federation’s plea to hear Dr Abdul Qadeer Khan case in chamber and permitted the nuclear scientist to appear before the bench on Wednesday (today).
A two-member bench of the apex court comprising Justice Mushir Alam and Justice Yahya Afridi conducted hearing of Dr Abdul Qadeer’s petition.
During the hearing, Tuafiq Asif Advocate representing the nuclear scientist informed the court that Dr Qadeer Khan wanted to appear before the bench on Tuesday but he was not allowed to do so. He said that it was his fundamental right to come to the court.
Ahmar Bilal Soofi, appearing on behalf of the federation, adopted that there could be complications if Dr Qadeer comes to the court. He said that it would be better if the court heard this case in chamber.Justice Mushir Alam remarked that they do not have to ask from Dr Qadeer how the bomb is made. There is no reason to hear this case in chamber.
Justice Afridi said that they acknowledge Dr Qadeer’s contribution for Pakistan. He said that the Islamabad High Court (IHC) had passed the judgment regarding the matter with the consent of both the parties in 2009. He added that the IHC decision was not challenged in the last 10 years.
Justice Afridi said that after 10 years Dr Abdul Qadeer filed another petition in the Lahore High Court. He questioned that how the Supreme Court could intervene in this matter now. He asked Dr Qadeer’s counsel to convince the court why he had not approached the IHC again.
Taufiq Asif said in the petition that he has explained the reasons in detail for not going to Islamabad High Court. The counsel told that he also explained in detail how an affidavit was obtained from Dr Qadeer and termed it consent in the order.
He said that in matters of citizen’s fundamental rights, the apex court can directly intervene and being a Pakistani citizen Dr Abdul Qadeer also has the same rights.
Justice Mushir remarked that it was the responsibility of lawyers not to humiliate a national hero. Taufiq Asif said that again, Dr Qadeer was not allowed to come to the court and the nuclear scientist is also not allowed to freely meet his counsel. Later, the bench deferred hearing till Wednesday (today) for further proceedings in this matter.