Why SC should not issue notices to Chaudhry family: CJ

ISLAMABAD: The Supreme Court (SC) on Tuesday sought complete record of land allotments made to Bahria Town, Rawalpindi and allowed the housing society’s counsel to study all the case.

A five-member larger bench of the apex court headed by Chief Justice Mian Saqib Nisar resumed hearing in a review petition filed by management of Bahria Town against the court judgment declaring encroachment on forest land in Takht Pari area near Islamabad as illegal. The court directed Barrister Aitzaz Ahsan to submit before it, complete record of land allotments made to the town.

Justice Asif Saeed Khan Khosa observed that this is a fit case for anti-graft body to file a reference while the chief justice said that they can refer it to NAB for filing a reference and issue notices to big people.

On May 4, 2018 the Supreme Court had released its separate judgments, declaring procurement of lands for its housing projects across the country as illegal including its encroachment upon forest land in Takht Pari near the federal capital

The court, however, had held that if any third-party interest has been created over the forest land what to do therewith and how to deal therewith shall be decided by the implementation bench.

On Tuesday, the court heard the matter and sought complete record of land allotments made to Bahria Town Rawalpindi.

Chief Justice Mian Saqib Nisar asked the learned counsel for Bahria Town Aitzaz Ahsan to point out any flaw if any in the judgment. Aitzaz Ahsan said that it is not a traditional review, adding that they have gone through the whole judgment hence it was his responsibility to assist the court in true spirit. He contended that it is wrong to assume that total land of the forest was 2,210 acres but the actual figure is 1,741 acres as per land record of 1956.

Justice Ijazul Ahsan, another member of the bench however, observed that the area spans 2,210 acres.

During the proceedings, the court questioned the role of the then Punjab chief minister Chaudhry Pervaiz Elahi in the allotment of land on his instruction.

“It is coincidence that first the CM approved the allotment of land and then transferred some 270 kanals to his family members,” Justice Ijazul Ahsan remarked.

Ahsan, however, contended the Punjab chief minister had not issued instructions for allotment of land. But Justice Ijazul Ahsan was firm in his stance that out of the allotted piece of land 270 kanal was transferred to the children of the CM, which exposed the entire case. “Chief minister has to protect the public property rather to give to his near and dear ones”, chief justice remarked, adding that why they should not issued notices to Chaudhry family in this regard

Barrister Aitzaz Ahsan submitted that the court should summon the masawi of 1956-57.

Justice Asif Saeed Khan Khosa observed that this is a fit case for filing a reference by the anti-graft body.

“What better case for a reference then this one”, Justice Khosa remarked. To which chief justice said that court can refer it to the National Accountability Bureau (NAB) for filing a reference and issue notices to the big people. Meanwhile, the court adjourned the hearing until December 3.