SC rejects plea challenging US embassy expansion

ISLAMABAD:The Supreme Court on Wednesday dismissed a petition, challenging the expansion of the United States Embassy in Islamabad for not being maintainable.

A three-member bench of the apex court headed by Chief Justice Mian Saqib Nisar and comprising Justice Umer Ata Bandyal and Justice Ijazul Ahsen heard the petition filed some nine years back against the expansion of US Embassy in the federal capital.

Barrister Zafrullah Khan, a senior lawyer and Watan Party Chairman, had filed a petition in 2009, praying to stop the government from providing additional land for the expansion of the embassy, which already occupied 38 acres in the diplomatic enclave and bar the embassy from renting property in Islamabad. The petitioner had feared that the expansion of the US mission might pose dangers to the national security.

The apex court dismissed the petition for not being maintainable with further ruling that none of fundamental rights of the petitioner is infringed upon.

Deputy Attorney General (DAG) Sohail Mahmood, while appearing before the court submitted that the apex court, in its order passed on March 21, 2009, had ruled that it will examine the maintainability of the instant petition. He also referred to the Interior Ministry’s reply, stated that the embassy’s expansion was “a matter of bilateral interest and, therefore, cannot be dictated by hearsay.”

Barrister Zafrullah Khan, the petitioner, however, contended that the US is constructing a hotel inside the embassy which is in clear violation of international rules and conventions. Chief Justice Mian Saqib Nisar, however, asked the petitioner as to whether those conventions are part of domestic laws.

The Chief Justice further said that it is government to government diplomatic relations as well as policy matters. The chief justice asked the learned petitioner as to which of his fundamental rights was infringed upon, Barrister Zafrullah Khan cited Article 9 of the Constitution that’s relates to right to life .

The court, however, dismissed the petition with the ruling that none of the fundamental rights of the petitioner has been violated.

“We have found nothing that could establish that any of the fundamental rights of the petitioner has been violated, hence the instant petition is dismissed for not being maintainable,” the CJP ruled.

During a previous hearing, the law officer had submitted a report on behalf of the Capital Development Authority (CDA) 5 No blocks have been completed as per approval of the building plans granted by the CDA. The report further stated that the completed building had been occupied and under the use. It also stated that office blocks towards the club road and three residential block recreational pool work in progress as per approval granted by the Authority.

Authority’s Building Control Section Deputy Director Rahim Khan Bakhsh, a building inspector, and a representative of the US Embassy had inspected the under-construction building in September 2016 to determine the actual status of the site.

Two years ago, the Interior Ministry, in its reply, had stated that expansion of the US Embassy was a matter of bilateral interest. It, however, added that the matter was discussed with security agencies. The ministry also rejected the claim of petitioner that Pakistan had been thrown into a proxy of bigger power and termed it flimsy and sketchy.

“In the current era, there is hardly any nation or state which can stay aloof from evolving situation in their respective region. Pakistan, being a responsible state, is surely capable of steering the things as per national interest,” the Interior Ministry stated.

The reply further stated that security agencies had the mandate of vetting cases in hand and granting NOCs on lease taken by foreign missions, international non-government organisations, multi-national companies, adding that the respective departments were fully aware of their mandates.

In his petition, Barrister Zafrullah Khan had contended that Americans were making all kind of excuses that they needed to buy further 18 acres despite they had already 38 acres where the present embassy was situated. He further submitted that they wanted construction of and expansion in the US Embassy to house 250 permanent staff.

"In fact they wish to house at least 1,000 Marines with the latest equipment which might be effective to bring us down on our knees and their desire to capture our nuclear facility and make us a US colony as they have done in South Korea, Taiwan, Iraq and Afghanistan," Zafrullah Khan feared. He had prayed to the court that all leases or sale or intended sale of foreigners may be stopped and cancelled, and no such legal leases or sale which goes against the statehood be allowed at all.