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Thursday March 28, 2024

Bahria Town moves SC in Forest Dept case again

Apex court returns petition with objection

By our correspondents
May 06, 2015
ISLAMABAD: Bahria Town has filed a petition in the Supreme Court for reclusion of a judge from the bench hearing the Forest Department case.
It has been said in the petition that Bahria Town and Malik Riaz Hussain is aggrieved over the process and proceedings adopted by the court in the case. The petition was filed by Aitzaz Ahsan, counsel for the petitioner. The SC returned the petition with objections.
It was said in petition that the court itself violated articles 4, 9 and 25 of the Constitution and Article 9 of Law of Evidence Order and issued different orders against Bahria Town on March 25 and March 31, 2015.
The petition said the court refused to accept general adjournment of the counsel of Bahria Town who was abroad. It said when the chief justice gave adjournment then it is understood that the case will be adjourned without any hearing and no order of any sort will be issued on that date.
The petition said that the learned bench has given the decision on the points raised in the case. Therefore, it said, Bahria Town is being scolded without being heard.
It has been disclosed in the petition that Chairman Bahria town Malik Riaz Hussain had written a letter to the Chief Justice of Pakistan (CJP) about the alleged ‘bias’ of a judge. This was a private letter sent to the administrative authority. The writer of this letter did not make it public and this letter was in the knowledge of the CJ and its author. The court even then remarked in its April 9, 2015 order that the lawyer should make public lawyer-client secrets existing between Bahria Town and its lawyers.
It has been further said in the petition that the court has failed to protect the secrets between Bahria Town and its lawyer which transpires deep bias for the petitioner.The petition prayed that the judge should recluse from hearing of this case. The SC office rejected this petition and returned it.Bahria Town has filed appeal plea against this decision.