The executive and judiciary are bound to obey the orders of the Supreme Court under the Constitution, Chief Justice of Pakistan Qazi Faez Isa said on Monday while hearing a case of the judge who issued a stay order against the demolition of illegal structures in Margalla Hills to the Islamabad High Court.
Apparently, the injunction was issued by the lower court against the demolishing of illegal structures in defying the top court’s order, he said.
The top court asked the IHC to view if there was any need to take any action on the matter.
The SC’s bench headed by CJP Isa heard the aforesaid case. Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan were other two members of the bench. The top court withdrew the contempt of court notice against Luqman Ali Afzal, the owner of a private restaurant in Margalla Hills National Park.
The Monal Restaurant owner’s lawyer pleaded that the private restaurant building in the park be demolished. “We had offered that the building should be used by the government,” he said. The CJP questioned what would animals do with the building in the national park.
On the occasion, the CJP expressed annoyance over the issuance of a stay order by the lower court against demolishing an illegal structure and remarked that “it is so strange that a civil judge is stopping the implementation of the orders of the Supreme Court.”
CJP Isa questioned that if the civil judge had committed contempt of court by granting a stay order. He remarked that legal actions should be taken against such judges.
Justice Bilal noted that the civil court issued an injunction on a writ petition against which the court fee was even not paid.
The CJP asked how did said civil judge came to know that the petitioner Ajab Gul was a grade A contractor. The same thing happens in the subordinate judiciary of the entire Punjab, Justice Bilal said and added that lawyers don’t let the judge read the writ petition and get an injunction.
The chief justice said that “the judge should first see whether relief is on merit or not.” He remarked that propaganda against the judiciary was being run on social media.
The restaurant’s lawyer said that his client had nothing to do with propaganda. “We have vacated the place in the national park,” he said and added that the writ petition against which the injunction was granted was already withdrawn on October 2.
CJP Isa remarked that the top court had sought a report on October 1, regarding the matter and on the next day petitioner Ajab Gul withdrew his case.
He questioned that if the social media platforms are for abusing institutions and judges. “Whether Margalla Hills is personal land of judges,” he asked.
It was stated that by vacating the restaurant land, the employees became unemployed, the CJP noted and remarked that then “the forest should be given to the woodcutters so that their business will go out.”
CJP Isa questioned whether the issue of commercial activities in Margalla Hills had been raised in any media or Parliament.
He remarked that Zulfikar Ali Bhutto’s reference remained pending, but no one heard. The CJP said that the decision of the elections was given in 13 days. “No one criticised and raised the question of timing in the election case,” he said.
The chief justice remarked that “institutions are being played on social media for likes and dislikes and larger thumbnails are created for this.”
During the hearing, the court was told that Dino Valley also belongs to Luqman Ali Afzal. At this, the court served notices to its owner.
Later the court adjourned the case.
