A single bench of IHC comprising Chief Justice Athar Minallah conducted hearing of the petition, moved by two PTI MNAs Shaukat Ali Bhatti from Hafizabad and Amir Sultan from Jhang, who approached the court against their eviction from official residences at parliament lodges.
In their petition, they challenged the eviction notice served to them by the Capita Development Authority (CDA) and cited the National Assembly secretary and the CDA chairman as respondents. The petitioners sought annulment of the CDA’s eviction notice.
During the hearing, the IHC chief justice asked from their counsel that whether these MNAs are attending the session of the assembly. At this, their counsel replied in affirmation.
Justice Athar said that this matter should be sent to National Assembly speaker as parliament is a supreme institution. The counsel adopted the stance that his clients had submitted an application to the NA deputy speaker, but he did not give any response.
After this, the IHC chief justice directed them to submit their application to the NA speaker and disposed of the matter.
In their petition, they contended that according to the rules, they should be allowed to stay as long as they were eligible to stay in the assembly because they were elected members of the National Assembly.
They argued that the CDA issued a notice to vacate the official residences without giving any reason. They added that until new elections were held, the National Assembly was functional and the MNAs can have accommodation for their families and official work.
They said that that CDA attempted forced eviction and threw their household items and some of which were missing. The petition said that the CDA issued illegal notices without completing the necessary legal formalities, while these MNAs were from remote areas. It added that forced retrieval of their official residences is an attempt to stop the official function of the assembly.
Their petition argued that ordering elected representatives of the people to vacate their official residences without giving any reason was against the law and therefore the notice issued to them by the CDA be declared null and void.