ISLAMABAD-The Islamabad High Court (IHC) Friday turned down a petition seeking removal of the Chief Justice of Pakistan’s name from the dam fund account’s title.
In this regard, a single bench of IHC comprising Chief Justice of IHC Justice Aamer Farooq issued its reserved verdict which he had reserved after hearing the arguments and dismissed the petition in limine.
The petition was moved by a lawyer Adnan Iqbal who pleaded for suspending the Registrar Supreme Court’s authority over the dam fund. The petitioner also requested the court to summon the former chief justice of Pakistan and questioning him about the fund he launched for building dams and water reservoirs.
The IHC Chief Justice stated in his written verdict that the crux of the submissions by the petitioner was that on the basis of principle of separation of powers the funds could not have been collected and/or the account could not have been opened and maintained.
He observed that the former Chief Justice of Pakistan took an initiative of collection of funds for establishment of Diamer-Bhasha and Mohmand Dams and “it is trite law that what the law does not prohibit is permissible; as such, there is no prohibition per se with respect to the referred act and the gesture was in the wake of public interest to facilitate the Executive / Government for construction of Diamer-Bhasha and Mohmand Dams.”
“Subsequently, the funds/collection started pouring in and an account was opened in the name of ‘Supreme Court of Pakistan Diamer Bhasha and Mohmand Dams Fund’ which is being maintained by the Registrar of Supreme Court of Pakistan. Again there does not seem to be any prohibition for opening of account and maintaining by the Registrar, Supreme Court of Pakistan and if there is the State Bank of Pakistan can take up the matter with the account holder pointing out any violation,” said the court order.
Justice Aamer also said that the petitioner, in person, apart from the referred objection, did not argue any other plausible justification for seeking relief he has sought which is mentioned herein above.
He added, “No specific violation of any law qua opening of the account or its maintenance was pointed out. Naturally, all accounts opened in any bank are regulated by the State Bank of Pakistan and as already noted above, if there was any violation the State Bank of Pakistan could and should have pointed out the same.”
Therefore, he ruled, “In view of the foregoing, no justification or basis is made out for reliefs sought, hence the instant petition is dismissed in limine.”