IT University: SC orders returning investment money to petitioner

ISLAMABAD: The Supreme Court (SC) on Thursday disposed of a matter relating to establishment of IT University in federal capital and ordered to return the investment money to the petitioner.

A six-member constitutional bench headed by Justice Amin-ud-Din Khan heard the matter. Other members of the bench included Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Syed Hassan Azhar Rizvi, Justice Naeem Akhtar Afghan and Justice Musarat Hilali.

During the course of hearing, the bench held that a detailed judgment will be issued later on and ordered to return the investment money to the petitioner.

Justice Muhammad Ali Mazhar asked Salman Aslam Butt, counsel for the petitioner as to what he wanted from the bench. The counsel replied that the land that had been given to them should be returned or the money should be returned in dollar.

Justice Hassan Azhar Rizvi told the counsel for the petitioner that his conduct was also not clear. The counsel however, contended that the land of the ITI University was converted into commercial land.

Justice Muhammad Ali Mazhar however, told the counsel that the Capital Development Authority was giving him the alternative land for the purpose of establishment of ITI University.

Salman Aslam Butt replied that they were ready to build a university at an alternative place but had added that the CDA should first comply with the terms settled by the court.

He contended that CDA had entered into an agreement to give space but later on reneged on the agreement.

“If this situation continues, investment from foreign countries will end”, Salman Aslam Butt told the court.

“Don’t be so emotional and don’t make us emotional”, Justice Muhammad Ali Mazhar told the counsel.

“Will foreign investment stop because of a single person, the judge asked the counsel adding that foreign investment has been made in Pakistan and God willing will be made also in future as well.

Salman Aslam Butt requested the court to restore the confidence of the investors.

“It’s good and you should build universities across the country and also build universities in every province”, Justice Jamal Khan Mandokhel told the counsel.

The counsel pleaded that his money should be returned to him in dollar or in Pakistan’s Eurobond.

Additional Attorney General however, told the court that as per court’s earlier decision, Pakistani rupee equivalent to their dollar was deposited in the Supreme Court.

Justice Jamal Khan Mandokhel observed that the applicant’s money is in the Supreme Court adding that the money must have a profit now.

Meanwhile, the court disposed of the case and ordered that the amount of the applicant’s investment must be returned.

Similarly, the constitutional bench also disposed of matter related to privatisation of Pakistan International Airlines (PIA).

During the course of hearing Additional Attorney General submitted before the bench that the Supreme Court had allowed the management of PIA to recruit new professionals adding that as the government started the process of privatising PIA, no new appointments were made.

He further submitted that the Privatization Commission had restarted the process of privatising the national flag carrier while the ban on PIA flight operations has also been lifted.

Justice Amin-ud-Din Khan observed that the rate may be higher now in the process of privatisation.

Justice Jamal Khan Mandokhel expected that the government is not violating the Supreme Court order in the privatisation process adding that the Supreme Court had ordered that it must be taken into confidence while initiating the privatisation process.

Additional Attorney General however, informed the bench that an application was filed in the court to take it into confidence for the privatisation process.

Justice Jamal Khan Mandokhel replied that the court gives its confidence therefore privatisation should be done in a proper manner.

Later, the court disposed of the case.

Likewise, the constitutional bench also disposed of the matter relating to contempt of court case filed by Federal Ombudsman against Justice Syed Mansoor Ali Shah.

Additional Attorney General told the bench that the then Federal Ombudsman had given a contempt notice to Justice Syed Mansoor Ali Shah adding that now Federal Ombudsman has withdrawn the contempt of court notice as well as miscellaneous application.

He further submitted that the Federal Ombudsman does not want to further pursue the matter hence the matter has become infructuous.

Justice Musarat Hilali observed that this seem to be the case of one High Court issued notices to the other High Court.

Later, the bench disposed of the matter.

It is pertinent to mention here that on last date of hearing, the constitutional bench had granted time for the counsel representing the Federal Ombudsman to submit a response in the matter.

Justice Jamal Mandokhel had remarked that since Yasmin Abbasi is no longer the Federal Ombudsman, it was unclear why the case was still being pursued against a former office-holder.

Meanwhile, the six-member constitutional bench will take up on December 9 the petition pertaining to trial of civilians in military courts.