Giving ruling on a complaint filed against Lt Gen (R) Faiz Hameed, apex court says its direct intervention under Article 184(3) of the Constitution may adversely affect rights of others.

ISLAMABAD  -  Giving its written order on a plea filed against former Director General Inter-Services Intelligence (ISI), Lt-Gen (retd) Faiz Hameed by the own­er of a housing society, the Supreme Court ruled the allegations are of an extremely serious nature, and if true, undoubtedly would undermine the reputation of the Federal Govern­ment, the Armed Forces, ISI and Pa­kistan Rangers, therefore, it cannot be left unattended.

However, the nature of a case filed under Article 184(3) of the Constitu­tion is different from other cases, for a number of reasons, the court ruled.

The three-member bench of the apex bench led by Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa, and comprising Justice Athar Minal­lah, and Justice Aminuddin Khan, had disposed of the constitutional peti­tion last week. The petitioner, who is the owner of Top City Housing Soci­ety, had alleged that Lt Gen Faiz Ha­meed, who was then serving in the Armed Forces and working with ISI, misused his office, and on his direc­tions crimes were committed against the applicant and his family by raiding his residence and business offices; detain­ing the applicant and his fam­ily members and robbing him and his family members of their properties. The apex court not­ed in its written order that the respondent No. 1 is the ‘Federa­tion of Pakistan’, respondents No. 2 to 4 are named officers of the Armed Forces, and they and re­spondent No. 5 were, at the rele­vant time, working in the ISI and respondent No. 6 are ‘100 un­known persons’. “We enquired from the learned counsel how Article 184(3) of the Constitu­tion could be invoked in respect of a private complaint/grievance, how the application could be cat­egorized as a matter of public importance and enforcement of which fundamental rights was sought,” added the bench. 

It further said that the coun­sel Hafeez-ur-Rehman Ch. stat­ed that the respondents No. 2 to 5 had violated the fundamen­tal rights of the applicant when they used their important po­sitions. He further stated that no authority would entertain a complaint/grievance, let alone proceed against them.

Then, the Additional Attor­ney-General for Pakistan (AAG) was called upon to assist the Court and was enquired wheth­er the applicant has any other adequate alternate remedy, and whether his apprehension that his complaint/grievance would not be heard is correct. The AAG stated that there are a number of remedies available to the appli­cant, including approaching the Ministry of Defence as the com­plaint/grievance pertains to a period when the said respon­dents were serving officers in the Armed Forces and/or to file a criminal case, including one for malicious prosecution, and/or to file a suit for damages, or to do all these. The AAG also stated that if a complaint is addressed to the Ministry of Defence of the Government of Pakistan it will be given due consideration. 

The bench stated in the order, “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. Secondly, where there ex­ists other forum(s) to attend to the same it is best that they first do so. Thirdly, against the deci­sion of a High Court appeals may come before this Court under Article 185 of the Constitution. Fourthly, direct intervention by this Court under Article 184(3) of the Constitution may adverse­ly affect the rights of others.”

However, the apex court said, “The applicant apprehends that his complaint/grievance would not be entertained by the Minis­try of Defence, because the said respondents had held senior positions in the Armed Forces. However, the learned AAG has assured us that the complaint/grievance will be given due con­sideration, and we have no rea­son to doubt this statement made on behalf of the Govern­ment of Pakistan, therefore, the apprehension of the applicant is misplaced. 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. “ It continued that the applicant will also be at liberty to avail the above-men­tioned, and any other legal reme­dies, in accordance with law. Lat­er, the bench disposed of the plea.