Blocking of public thoroughfares by DHA: Constitution is land's supreme law: CJP

A full bench of the Supreme Court here on Tuesday observed that constitution is the supreme law of the land and all institutions are bound to follow it. Bench headed by Chief Justice Pakistan (CJP) Iftikhar Muhammad Chaudhry made these observations while hearing a case against blocking of public thoroughfares by Defence Housing Authority (DHA) for two adjacent housing societies.
CJP remarked, "Only law will prevail and SC cannot go beyond the scope of constitution. DHA cannot be allowed doing whatever it wants to do." He said every citizen had a constitutional right of free movement, which could not be curbed. DHA counsel told the court that DHA had provided 13 entry points to the commoners and villagers of adjacent area but DHA is not willing to let them use road from Ghazi Road to Kamahan area. DHA counsel failed to reply when CJP asked him to identify the law under which DHA was empowered to restrict people's movement.
Having no answer to court's query, counsel said if commoners were allowed to use these roads, the area would become like residential areas of Gowal Mandi and Nisbat Road. CJP expressed his strong annoyance and rejected his notion and said, "Real picture of Pakistan is portrayed in Gowal Mandi and Nisbat Road. DHA is not real Pakistan."
DHA counsel, however, insisted that DHA is private society and its roads belonged to. It had exclusive rights over thoroughfares and assets. Justice Ramday said DHA is no longer a private society as in 1999 a public authority DHA was established through legislation and all roads are now public thoroughfares.
"DHA is set up in Pakistan and the rights of the citizens could not be curtailed on whims of an individual," Justice Ramday remarked. Revenue officials also presented record of DHA in the court. After examining it minutely, Justice Khawaja remarked that at the inception of the society there were at least 25 entry and exit points.