ISLAMABAD -  The Islamabad High Court (IHC) Thursday remarked that every state institution is involved in the real estate business and it is clearly conflict of interests. 
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah made the remarks while the case related to the Police Order, 2002, which had come into force with effect from 06-08-2015 but it is not made functional and implemented in the Islamabad Capital Territory. 
During the hearing, Inspector General (IG) of Islamabad police, Deputy Commissioner Islamabad and the Secretary Ministry of Interior appeared before the court in person while Attorney General for Pakistan Khalid Jawed Khan was also present in the court. 
Justice Athar remarked that every state institution is involved in the real estate business and the government departments are running housing societies on their name which is clearly conflict of interests. 
He said that how the deputy commissioner could take action against a housing society of Ministry of Interior because he himself is heading the cooperative housing society. He continued that the Intelligence Bureau (IB) was running a big housing society and even the senior officers of interior ministry were involved in this business. 
Justice Athar remarked that a prisoner had sent a four-page letter from Bhakar Jail saying that the whole state machinery was allegedly involved in this business. The bench said that the real culprits were not arrested and the whole machinery reached when someone from elite is arrested. 
The court said that the police department was also developing a housing society and on the other hand citizens were facing problems. It further said that people are being affected but there is control of elites and there is no rule of law. 
The IHC Chief Justice asked that who would address the issues of citizens. He added that the land grabbing could not be done without the help of the station house officer and patwaris. 
He said that the state departments are protecting the land grabbers and people have been deprived of prices of their lands for more than sixty years.  The court said the police order had come into force with effect from 06-08-2015 and it had repeatedly asked for its implementation. 
The IHC CJ asked the respondents to tell within four weeks that how the conflicts of interests could be curbed. The attorney general said that he would place the matter before the Prime Minister and would also consult with interior secretary. 
Later, the court deferred the hearing of the case till January 26 for further proceedings.
Previously, Justice Athar had noted that subsection (3) of section 1, explicitly provides that the Police Order, 2002 shall come into force in the Islamabad Capital Territory on the date the local government assumes office in the said territory. 
“Admittedly, the Local Government Act, 2015 was promulgated and notified on 06-08-2015. The Police Order, 2002 had thus come into force by operation of law on 06-08-2015,” added the IHC CJ. 
He also said, “The officials who have appeared today along with the learned Deputy Attorney General were not able to give any plausible explanation for refusing to implement and follow the provisions of an enforced statute i.e. the Police Order, 2002.” Justice Athar noted that sub section (3) of section 1 is unambiguous and, therefore, the Police Order, 2002 had come into force by operation of law with effect from 06-08-2015.
The bench said that it is a statutory obligation of the respondents to strictly comply with the provisions of the Police Ordinance, 2002. The noncompliance with the provisions of an enforced statute is likely to prejudice the enforcement of fundamental rights of the citizens.