ISLAMABAD - The Islamabad High Court (IHC) Friday suspended the allotments made in favour of judicial officers, who are serving or have served in this court and the Islamabad District Courts.
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah issued the directions in a petition filed by the owners of land in village Thalla Syedan, Jhangi Syedan of the federal capital.
The petitioners asserted in their petition that they are property owners of the village Thalla Syedan and that they are allegedly affected on account of the abuse of power of eminent domain by the respondents including Land Acquisition Collector ICT.
The IHC Chief Justice observed in its order that the land owners of the Islamabad Capital Territory have been victims of grave injustices and violation of their fundamental rights since decades. The admitted abuse of power of eminent domain in the Capital has led to travesty of justice.
He added that which forum or court will adjudicate upon the rights of the aggrieved land owners without the perception of bias when every judicial officer of the District Court becomes a beneficiary?
“This prima facie, raises the question of conflict of interest. The constitutional jurisdiction of a High Court is not an efficacious remedy while the judicial officers of the District Courts by creating their financial interest by applying for and accepting an extra ordinary benefit from the Authority are likely to be perceived as having a bias and thus the confidence of the litigants in fairness of the judicial system is likely to be eroded,” maintained Justice Athar.
He continued that in such circumstance, there is likely denial of the litigant’s right of access to justice and fair trial.
The IHC bench held that the respondents are expected to satisfy this Court whether an adequate and efficacious remedy in accordance with the principles of fair trial guaranteed under Article 10-A of the Constitution of the Islamic Republic of Pakistan, 1973 is available to the petitioners and other land owners against the abuse of the power of eminent domain in the circumstances highlighted above.
It noted that the Authority has been established under the Act of 2020. Section 20 ibid explicitly empowers the Authority to acquire land or any interest in land for its purposes and that it shall be deemed to be an acquisition for the public purposes within the meaning of the applicable Land Acquisition Act or any other prevailing law for the said purpose as per policy of the Federal Government.
It further said, “The land can thus only be acquired and further disposed of as per policy of the Federal Government i.e. the worthy Prime Minister and members of the Federal Cabinet. This Court cannot fathom that the Federal Government has a policy that would affect the fundamental rights of the litigants and the public at large by creating conflict of interest.”
The bench further said that it can also not be imagined that pursuant to the policy of the Federal Government, judicial officers who have been convicted or dismissed on charges of corruption and misconduct have been rewarded. Those who have been assessed as incompetent or are facing inquiries can also not become beneficiaries nor could such acquisition be deemed as ‘public purpose’.
Therefore, the court directed the respondents to submit parawise comments, inter alia, responding to the questions raised in this order. It also directed to issue notice to the learned Attorney General of Pakistan for assistance.
The IHC bench also directed the Secretary, Ministry of Housing and Works to seek instructions from the Federal Government i.e. the worthy Prime Minister and members of the Federal Cabinet regarding its policy and criterion pursuant whereof the State land is distributed amongst a few classes.
The IHC Chief Justice also said that keeping in view the public importance of the questions which have been raised in the case in hand, it would be appropriate if the matter is heard by a larger Bench and further directed the registrar office to relist the petition before a larger bench along with other petitions wherein grievances relating to policy of the Federal Government and subsequent disposal of State land have been raised.
He maintained that till the next date fixed, the allotments made in favour of judicial officers, who are serving or have served in this Court and the Islamabad District Courts shall remain suspended and not acted upon. The respondents are restrained from evicting the petitioners till the date fixed.
After issuing the aforementioned directions, the bench directed to relist the petition before a larger bench on September 13.