ISLAMABAD: The Supreme Court of Pakistan on Wednesday suspended Islamabad High Court (HC)’s order to summon the Inter-Services Intelligence (ISI) leader for refusing to vacate the land encroached by the undercover agent company around its headquarters within the capital city.
Last Friday, the Islamabad HC had summoned the ISI Chief Naveed Mukhter and Defence Secretary Zamir-ul-Hassan Shah to seem before it on July 4. The ISI closed the road by putting in barricades, bringing up security threats, in 2005 when the country used to be ruled by military dictator Pervez Musharraf.
Following the HC order, the defence ministry filed a petition against it within the apex courtroom, in quest of 4 to six weeks to plan alternate security preparations and exemption for director-general ISI to seem in particular person before the courtroom. During the listening to, the defence secretary additionally challenged the HC’s directive, arguing that it did not have the authority or jurisdiction to soak up suo motu notices and rule on such issues.
In agreement with the petitioner’s argument that the discretion for suo-motu did not lie with prime courts, a three-member bench of the SC headed by Chief Justice Mian Saqib Nisar authorized both requests of the defence secretary but directed the undercover agent company to specify a date by which it will remove the blockades from the main highway.
The leader justice ordered Deputy Attorney General Nayab Gardezi to invite the ISI why it had erected blockades on Khayaban-i-Suharwardy, a highway which is a part of Islamabad’s grasp plan.
“We have already given orders against encroachment on public land all over Pakistan, and the ISI isn't exempted from it,” Justice Nisar said. “Call the ISI leader and ask why the road has now not been opened for public use in spite of courtroom orders,” he asked. This is the second one time that the SC has taken notice of the topic.
Last Friday, the Islamabad HC had summoned the ISI Chief Naveed Mukhter and Defence Secretary Zamir-ul-Hassan Shah to seem before it on July 4. The ISI closed the road by putting in barricades, bringing up security threats, in 2005 when the country used to be ruled by military dictator Pervez Musharraf.
Following the HC order, the defence ministry filed a petition against it within the apex courtroom, in quest of 4 to six weeks to plan alternate security preparations and exemption for director-general ISI to seem in particular person before the courtroom. During the listening to, the defence secretary additionally challenged the HC’s directive, arguing that it did not have the authority or jurisdiction to soak up suo motu notices and rule on such issues.
In agreement with the petitioner’s argument that the discretion for suo-motu did not lie with prime courts, a three-member bench of the SC headed by Chief Justice Mian Saqib Nisar authorized both requests of the defence secretary but directed the undercover agent company to specify a date by which it will remove the blockades from the main highway.
The leader justice ordered Deputy Attorney General Nayab Gardezi to invite the ISI why it had erected blockades on Khayaban-i-Suharwardy, a highway which is a part of Islamabad’s grasp plan.
“We have already given orders against encroachment on public land all over Pakistan, and the ISI isn't exempted from it,” Justice Nisar said. “Call the ISI leader and ask why the road has now not been opened for public use in spite of courtroom orders,” he asked. This is the second one time that the SC has taken notice of the topic.
Encroachment: Pak SC suspends HC's order to summon ISI chief
Reviewed by Kailash
on
July 05, 2018
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