ISLAMABAD: Islamabad High Court Bar Association (IHCBA) prayed before the apex court to review its decision to demolish lawyers’ chambers and all illegal buildings/structures on the football ground in Sector F-8, Islamabad. The IHCBA, on Thursday, filed the review petition under Article 188 of Constitution read with Order XXVI Rules 1 & 2 of the Supreme Court Rules, 1980.
A three-judge bench, headed by Chief Justice Gulzar Ahmed, and comprised Justice Ijazul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi, on March 2, 2021 had passed the order. A four-member larger bench of the IHC headed by Chief Justice Athar Minallah and comprising Justice Aamer Farooq, Justice Mohsin Akhtar Kayani, and Justice Miangul Hassan Aurangzeb, on February 16, declared that the lawyers’ chambers on sports ground in the F-8 sector of the federal capital were “illegally constructed”, and directed the relevant authorities to remove them.
The orders of the Islamabad High Court and the Supreme Court are based on erroneous assumption of material facts and without adverting to the previous proceedings and order by a larger bench of the august court. The SC order dated 02-03-2021 notwithstanding the undertaking of the petitioner’s counsel to vacate the premises within two months could require reconsideration so as to accord with the previous orders of the larger bench of the apex court requiring non-shifting of the lawyers’ chambers till the construction of their chambers.
They submitted that the Islamabad High Court order dated 16-02-2021 and the apex court order dated 02-03-2021 are per incuriam as the previous proceeding by a six-judge larger bench and its order passed were completely omitted from consideration. Thus, the order under review is per ignoranta of and merits to be recalled and reviewed.
The categorical undertaking by the federal government, the District Administration and the CDA made before the apex court in 2008/2009 that the PC-1 had been approved and even the money required for construction of lawyers’ chambers had been allocated cannot be thrown onto the members of the bar who cannot be penalised for the fault of the authorities who were bound by solemn commitment made before the apex court.
Copyright Business Recorder, 2021