ISLAMABAD: Chief Justice of Pakistan (CJP) Asif Saeed Khosa on Monday said the apex court was only looking into the legal status of the internment centres as the Supreme Court resumed hearing of the appeals of the federal and provincial governments against the Peshawar High Court’s (PHC) verdict in the case.
At the onset of the hearing, Attorney General for Pakistan (AGP) Anwar Mansoor asked the bench to display a video recording explaining why the detention centres were established by the government.
“Do you want to show us how dangerous the detainees are,” the CJP questioned, adding that the court was only looking into the legal status of the internment centres.
“It is the video of a detention centre. After the 21st Amendment, no legislation was made over the subject,” the AGP responded, adding that the parliament passed the 21st Amendment “in a hurry”.
“Terrorists, outlawed groups and non-state actors remain present in erstwhile FATA and PATA,” the AGP argued to which Justice Gulzar Ahmed responded that internment centres were established in 2008 but no one had challenged their legal status till now.
“It is the first case of the legality of detention centres,” the AGP said, adding that a new law is being made on internment centres and related legal issues, which will come into force within three to four months.
“Do you want the court to suspend the constitution for four months,” the CJP asked the AGP. “I am only pleading for time for enforcement of the new law,” Mansoor replied.
On a question of the bench, the AGP said that presently the 2011 Act was in force in Khyber Pakhtunkhwa. “It is a federal law enacted by the president,” CJP Khosa said.
Justice Qazi Faez Isa, another member of the bench, said that the law was enacted by the president in erstwhile FATA but now that the tribal districts have been merged into KP, how is that law still being enforced in the region.
The AGP said that FATA laws have now become provincial laws and a new law is being drafted to cover all these matters.
“Now there is the matter of civil liberties on one side and survival of the state on the other,” the CJP said, adding that the new law must provide solution of both issues.
The bench later adjourned the hearing till Tuesday.
