Chief Justice of Pakistan (CJP) Qazi Faez Isa, in a detailed written order, emphasized the gravity of allegations against former ISI Director General Lt Gen (retd) Faiz Hameed, directing the case to the “relevant forum.” The case arose from a property dispute filed by Moeez Ahmed Khan, owner of Top City-1 housing society, who accused Gen Hameed of attempting to usurp the society and committing crimes against him and his family.
Despite redirecting the case to the relevant forum, the CJP asserted that these serious allegations could not be left unattended.
In a separate order, Chief Justice Isa addressed procedures for in-chamber hearings, emphasizing that in-chamber hearings related to the property dispute by former Chief Justice Saqib Nisar had “no legal effect.” The order clarified that neither the chief justice nor any judge in the chamber alone could pass orders beyond what rules allow.
Despite questions about the legality of the Supreme Court’s Human Rights Cell (HRC), CJP Isa clarified its role and powers. He stated that the HRC could only consider complaints meeting the criteria of Article 184(3) of the Constitution, referring them for consideration by the Chief Justice of Pakistan. Justice Isa specified that since the enactment of the Supreme Court (Practice and Procedure) Act, 2023, the Chief Justice no longer holds the power to direct matters for consideration in court.
Justice Athar Minallah, concurring with CJP Isa, noted that the HRC lacked legal backing and that its proceedings may infringe on the right to a fair trial and due process. He recommended that the Registrar of the Supreme Court restrain the HRC from undertaking activities without legal backing.
This development adds a layer of complexity to the legal landscape, raising questions about the legal status of the HRC and the appropriate forums for addressing serious allegations against high-ranking officials like Gen Faiz Hameed.
