ISLAMABAD: The Islamabad High Court (IHC), on Thursday, remarked that every state institution is involved in the real estate business and it is clearly conflict of interests.
A single bench of Chief Justice Athar Minallah made the remarks, while hearing 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 Minallah 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 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 the Interior Ministry were involved in this business.
Justice Minallah remarked that a prisoner had sent a four-page letter from Bhakar Jail and 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 the 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 the people have been deprived of prices of their lands for more than 60 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 the interior secretary.
Later, the court deferred the hearing of the case till January 26th for further proceedings.
Previously, Justice Minallahhad 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 Minallah 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 non compliance with the provisions of an enforced statute is likely to prejudice the enforcement of fundamental rights of the citizens.
Copyright Business Recorder, 2021