All institutions including IB, FIA, running housing societies: IHC

ISLAMABAD: Islamabad High Court (IHC) Chief Justice Athar Minallah remarked that breaking the law is the most sensitive issue while the CDA law is for the weak only and becomes silent before the powerful.

He gave these remarks during a hearing in the Naval Farms and Navy Sailing club construction case here on Saturday.

Babar Sattar, counsel for the petitioner, appeared in the court while Qamar Afzal advocate appeared on behalf of Naval Farms.

The IHC CJ asked if the court should initiate contempt of court proceedings against uniformed personnel. “It will not be good if I announce punishment for a uniformed personnel. If FIR is registered, an inspector or a sub inspector will investigate Naval Chief.”

Counsel for Naval Farms said it is a sensitive issue and the court proceedings will leave wrong impact.

IHC CJ remarked, “Whether we should close this court if it is a sensitive issue. If this matter has become sensitive, it has not become sensitive due to court.”

He further observed, “What you want. Should Naval chief be given exemption for this business. The most sensitive issue is violation of the law. CDA law is meant for weaker segments of the society. CDA law becomes mum before the powerful.”

IHC CJ inquired for which matter Naval Chief has been made patron-in-chief.

Babar Sattar told the court Naval Chief has been made patron-in-chief of water sports. The court inquired any body of water sports will be there.

Babar Sattar said unfortunately there is no such body. the Naval chief has been made patron-in-chief of water sports. There is no legal position of making the Naval Chief as patron-in-chief of water sport board. Only there is a letter of 1992 whereby prime minister had released a sum of Rs20 million to the Naval Chief.

The court inquired who was in power when all this was done.

Defense counsel replied that it might have been PML-N era when the letter was issued in 1992 and funds were released in 1993 and then Benazir Bhutto was the prime minister. IHC CJ asked Naval Farms have been constructed alongside lake banks and now who will take over its charge.

The defence counsel told the court Pakistan Navy cannot run any housing society.

The IHJ CJ remarked all are doing this. “IB and FIA all are doing the job of running societies. I think this high court should also form its housing society. Every institution has involved in real estate business in this city.”

The defense counsel replied all the societies have been declared illegal. CDA laws were in conformity with master plan and they destroyed the master plan on their own.

Justice Athar Minallah remarked that CDA had weakened itself and master plan was ruined. “Law is meant for only weaker. There is no supremacy of law in Islamabad. If there is no rule of law in this 1,400 square miles area, there will be no rule of law in the entire country.

The counsel for Naval Farms requested the court to decide first of all the maintainability of this petition. “It is my objection, this is not maintainable,’ he said.

The court inquired how much expenses were incurred on Naval Sailing Club.

The counsel, Qamar Afzal, told the court that they will have to ascertain about the expenses.

The court said that the remarks given by Qamar Afzal will go against him. The court while giving time to counsel for Naval Farms for preparation of case adjourned the hearing into the case till October 17.