ISLAMABAD - Islamabad High Court (IHC) on Wednesday directed its three amici curiae to visit the slum/shanty settlements in the federal capital and submit a report regarding the status of fundamental rights of the inhabitants of these areas.
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah issued the directions in a petition seeking court’s directions to bar the Capital Development Authority (CDA) from demolishing the ‘Katchi Abadi’ in Islamabad Capital Territory (ICT).
The court has appointed Vice Chairman Pakistan Bar Council, Vice Chairman Islamabad Bar Council and Omer Ijaz Gillani as amici curiae to assist the court.
Justice Athar noted in his order that it is an admitted position that ten such settlements have been declared as legal and proprietary rights have been granted to more than four thousand inhabitants.
However, he added that it has been reported that the living condition of the inhabitants are inhuman, cruel and in violation of the guaranteed fundamental rights. It has been reported that these settlements have existed since decades.
Irfan Khan Niazi, Director General (Environment) of CDA, appeared before the court and assured the court that he would visit the shanty/slum settlement in F-7/4 and enquire about the grievances raised in the main petition. He also undertook to submit a report on the date fixed.
Justice Athar continued that every citizen is entitled to equal protection of law. The marginalised, poor and vulnerable classes cannot be treated less favourable than the privileged and elite. The State and its functionaries owe a higher duty of care towards the marginalised and vulnerable classes such as those who are shelterless or are living in inhuman conditions in the slum/shanty settlements.
The bench directed the CDA to facilitate the learned amici curiae namely Abid Saqi, Zulfiqar Abbasi and Umer Gillani to visit the slum/shanty settlements in the Islamabad Capital Territory.