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April 9, 2021

IBA requests SC to review its order on illegal chambers’ demolition

National

April 9, 2021

ISLAMABAD: The Islamabad Bar Association (IBA) filed a petition in the SC for review of its decision of March 3 ordering demolishing of illegal lawyer chambers, established on the football ground, footpaths and greenbelts in Islamabad.

Filed through its president under Article 188 of the Constitution, the IBA prayed to the apex court to review its decision of March 2, 2021 and allowed the review petition in the interest of justice. A three-member SC bench, headed by Chief Justice Gulzar Ahmed, had dismissed the appeal of IBA against the decision of Islamabad High Court (IHC).

The court had upheld the IHC decision, declaring establishment of lawyers’ chambers as “illegal, void and without jurisdiction and authority”.

The court had allowed the Capital Development Authority (CDA) to launch a crackdown for demolishing illegal chambers, built on football ground in Sector F-8 as well at the district courts. The court had also declined the plea of lawyers for staying the demolition process until an alternative place was provided for their chambers. In its review petition, filed through Latif Khosa and others, the IBA submitted that the order of March 2, 2021, not withstanding the undertaking of the petitioner’s counsel to vacate the premises within two months, could require reconsideration so as to accord with the previous orders of the larger bench of the court requiring the non-shifting of the lawyers chambers till the construction for which the PC-1 had been approved and the amount mentioned therein sanctioned way back in January 2009 which has over again been reallocated recently. It submitted that the order of the Islamabad High Court dated February 16, 2021 and also the order of the apex court dated March 2, 2021 are per incuriam as the previous proceedings by the 6-member larger bench of the Supreme Court and subsequent order passed there on constitutional petition 781/2007 were completely omitted from consideration. Thus since the order under review is per ignorant of the order of this apex court dated March 2, 2021 in CP 627/2021 merits to be recalled and reviewed”, the Islamabad Bar Association contended. It recalled that such an ugly incident had previously held in 2010 in court premises Lahore which too resulted in number of criminal cases against members of Lahore Bar adding that suo moto action was taken by the apex court which ultimately resulted in an amicable settlement in the best interest of administration of justice when all cases were withdrawn and even the member of the bar compensated from Rs3 million released by the provincial government as reflected from the order dated January 28, 2011 of 4-member bench by the CJP. “But here the members of the bar have been arrested, incarcerated, jailed some of whom are on bail while others languishing in the prison,” the IBA contended. It prayed the apex court that its petition may kindly be allowed and the order dated March 2, 2021 may be reviewed and in consequence the same may be allowed in the interest of justice.