ISLAMABAD - The Supreme Court of Pakistan Tuesday told the counsels of the Federal Government Employees Housing Authority (FGEHA) and other petitioners that it cannot intervene in plot allotment case at this stage as the Islamabad High Court (IHC) has reserved the judgment on it.
The apex court bench headed by Justice Umer Ata Bandial stated this while hearing the appeals of FGEHA and others against the IHC bench’s order in allotment of plots to judges and bureaucrats in Sectors F-14 and F-15 of the capital.
A division bench of the IHC comprising Chief Justice Athar Minallah and Justice Mohsin Akhtar Kayani had reserved the judgment on November 22 on allotment of plots to judges and bureaucrats in Sectors F-14 and F-15 of the capital.
Munir Paracha, representing the FGEHA and Advocate Hafiz Ahsan Khokar, who appeared on behalf of the civil servants, informed the bench that the IHC had reserved the judgment on the plots allotment case.
Paracha said that the high court does not have suo motu power. He added that however, the IHC assuming suo motu heard the plots’ allotment case. Justice Syed Mansoor Ali Shah noted that the FGEHA was party before the IHC. He asked from Paracha that why did he not raise this issue before the IHC. He said that according to the media reports he (Paracha) had pleaded before the IHC division bench before it reserved the judgment.
Khokar submitted that his clients were not heard by the IHC. Justice Mansoor told the lawyer that he should have filed an application before the high court.
Justice Bandial said that as the interim order has been merged into the final order therefore the apex court could not intervene at this stage. He said that the interim order is suspended when the case is pending before the Court and now the high court has reserved the judgment.
He said that if they suspend the IHC interim order or allow the petitions then it would be deemed that they (SC) pre-judge the verdict.
He told the counsels that they could submit the objections to the IHC. If it passes the judgment without considering their objections, then they could approach the apex court.
The court was informed that the IHC bench has provided opportunity to the parties to file written submission. The Court therefore ordered the counsels to submit their objections before the IHC and disposed of the case.