Supreme Court on Thursday issued notice to Attorney General (AG) for Pakistan to submit the comments of the federal government in three weeks on the petitions filed against the detention of Dr Abdul Qadeer and other scientists.
The full bench of the Supreme Court comprising Chief Justice Nazim Hussain Siddiqui.
Justice Javed Iqbal and Justice Abdul Hameed Dogar issued the notice after preliminary hearing on five similar petitions filed in this regard. The next hearing of the case would be fixed after the submission of the comments by the Attorney General.
The petitions were filed by Senior Vice President Supreme Court Bar Association advocate Mohammad Ikram Chaudhry, Mrs Nelofar Islam, wife of Major Islam-ul-Haq (Retd) Principal Staff Officer to Dr Qadeer Khan, Mrs Khushniaz, wife of Dr Farooq advocate Wahabul Khairi, and Maulvi Iqbal Haider.
The Supreme Court did not accept the plea of Maulvi Iqbal Haider for in-camera proceedings of the case due to its importance with the observations that at this stage there is no need to hold the in-camera proceedings.
On the query by Chief Justice Nazim Hussain Siddiqui that why any relative of Dr Qadeer who are directly affected due to his detention have not approached the court, Ikram Chaudhry argued that his daughter and son-in-law are not in Pakistan, therefore, the petition has been filed by him (Ikram Chaudhry) as any one can file the petition on important subjects.
Maulvi Iqbal presenting his arguments said that nuclear issue is directly related to the solidarity and safety of the country therefore, its proceedings should be held in-camera.
Regarding confessional statement of Dr Qadeer Khan, he argued that there is need to probe this issue and requested the Supreme Court to constitute a commission in this regard.
He argued that the pardon to Dr Qadeer Khan was also without any trial therefore it is not according to the constitution.
Chief Justice Nazim Hussain Siddiqui, on the issue of pardon, observed that when there is no trial then there is no question of conviction or sentence. It is a case of simple allegations, he observed.
Justice Javed Iqbal observed that court, politics and emotions should be kept apart while presenting the case. He observed that there are prescribed rules and regulations to challenge the detention and presentation should be according to these rules.