ISLAMABAD - The Islamabad High Court (IHC) Tuesday directed the Secretary Ministry of Defence, Secretary Interior and Chairman Capital Development Authority (CDA) to appear before the court in person on the next hearing in a petition filed against construction of a wall outside the specified area allotted for establishing the “Defence Complex” in Sector E-10.
A single bench of IHC comprising Chief Justice of IHC Jutice Athar Minallah issued the directions while hearing a petition moved by Muhammad Jahangir Hussain Shah who challenged the allegedly illegal encroachment.
Justice Athar directed the Secretary Ministry of Defence to appear in person and explain under what law construction has been initiated and why the aforementioned judgment and laws highlighted therein have been violated by the branches of the armed forces i.e. Army, Air Force and Navy.
He added, “In the meanwhile, the latter is directed to inquire as to who had authorized construction of the wall and to undertake other activities in violation of the laws enforced within the Islamabad Capital Territory.”
“The Chairman, Capital Development Authority and the Secretary Ministry of Interior are also directed to appear and satisfy this Court why proceedings may not be ordered against those officials who have consistently failed in their constitutional obligations to take action against those who violate the enforced laws/regulations and thus infringe the fundamental rights of the general public. This Court has consistently observed in its judgments regarding absence of rule of law within 1400 square miles of the Islamabad Capital Territory and prevalence of elite capture,” maintained the judge.
He noted that selective implementation of enforced laws is intolerable in a society governed under the Constitution and it has become obvious to the Court that public functionaries enforce the laws to the extent of ordinary citizens while the privileged and powerful enjoy immunity.
The IHC Chief Justice also said, “The impunity enjoyed by some classes is the worst form of undermining rule of law by the State and its functionaries. This phenomenon is subversion because the Constitution is based on the premise of equality of all citizens before the law. No one is above the law nor anyone can claim exemption from being held accountable when laws are violated.
He continued that the Secretary, Ministry of Defense, the Chairman, Capital Development Authority and the Secretary, Ministry of Interior are directed to submit their respective affidavits before the next date fixed and they shall also be at liberty to file written comments, if so advised.
During the hearing, Hafiz Arfat Ahmed Chaudhary Advocate along with Irfan Aziz Khan, Director General (Environment), Faisal Naeem, Director (Buildings Control), and Afnan Alam, Director (Lands and Rehabilitation) Capital Development Authority appeared before the court.
They informed that no permission/authorization was obtained from the Authority for construction of a wall and they were also not sure whether the activity/construction has taken place outside the specified area allotted for establishing the Defence Complex.
In response to a query, they confirmed that no building plans have yet been approved for undertaking construction within the specified area of the Defence Complex.
Lieutenant Colonel Kafeel, Director (Legal) appeared before the court on behalf of the Ministry of Defence and confirmed that the construction of wall has been stopped. In response to a query, he was not able to explain how construction within the allotted specified area has been initiated or undertaken in violation of this Court’s judgment rendered in the case titled “Shahzada Sikandar ul Mulk and others v. CDA and others” and the enforced laws highlighted therein.
Later, the bench adjourned the hearing till January 11, 2022.
In this matter, the petitioner stated that he is a resident of village Bairi Meera, which falls within the notified area of Margalla Hills National Park. He asserted in the petition that a specified area was allotted by the Capital Development Authority under the Capital Development Authority Ordinance, 1960 for establishing the Defence Complex in Sector E-10.
The petitioner also attached with the petition photographs to show that respondent no. 3 has allegedly illegally encroached the area of Margalla Hills National Park by undertaking construction of a wall. He asserted that the construction of wall is outside the specified area allotted for establishing the Defence Complex.