Non-conforming use: Court gives govt two weeks to shift offices of top cops

Inspectors-general Islamabad, motorway police are currently in residential areas.


Hasnaat Malik March 14, 2016
The Supreme Court of Pakistan. PHOTO: TMN

ISLAMABAD:


The country’s top court Monday gave two weeks time to the federal government and capital’s civic agency to shift the offices of the top cops of the Islamabad and the motorway police from the residential areas.


Justice Sheikh Azmat Saeed, head of a two-judge bench of the Supreme Court, remarked that if the Capital Development Authority (CDA) could not take action against the top cops, then it might also allow those offices to operate, which were earlier sealed on grounds of a non-conforming use.

Secretaries of the ministries of interior, communication, the Capital Administration and Development Division (CADD) and the CDA chairperson appeared before the court.

During the hearing, the interior secretary requested the court to allow two to three months to shift the offices of the IGPs.

At this, Justice Saeed remarked whether the ministry sought a period of two to three months or it just wanted to drag the matter.

The judge asked the CDA chairperson to submit an affidavit that in two months the offices would be shifted.

Justice Azmat said that if the country’s law was not applicable to IGs’ offices, then why not remove the Pakistani flag from their offices and hoist Daish flag.

Additional Attorney-General (AAG) Aamir Rehman representing the secretaries assured the court that the offices would be shifted from the residential areas within two months.

He said that alternate places had been allocated and soon the offices would be shifted, adding the IG Islamabad police office would be shifted in the Police Lines while that of the motorway police to the Immigration Bureau building.

At this point, when the judges did not show any willingness to approve the request for a period of two months, the AAG sought four weeks time arguing the wireless system had to be uninstalled from the previous buildings and installed anew at the new premises.

However, the bench on the assurance of the interior secretary gave two weeks for shifting of the offices and directed him to submit a compliance report at the next hearing.

Shahid Hamid, counsel for the CDA, said that the shifting of government offices and schools from residential areas was underway, and a detailed report would be submitted to the court at the next hearing.

District courts

Meanwhile, the bench also sought replies from the civic agency and other respondents in a matter pertaining to the long overdue shifting of the district courts to their allotted building.

Dr Aslam Khaki, an advocate and academics, had filed a writ petition and then an intra-court appeal (ICA) seeking direction on allotment of appropriate land exclusively for the district courts.

The petitioner had contended that after litigation for about two-and-a-half years, he was successful in his ICA to get a plot of about 80 kanals allotted.

Khaki said that a building was also constructed on the plot for the district courts but out of nowhere the Islamabad High Court building was instituted on it.

This, he argued, forced the district courts to continue functioning in F-8 Markaz.

The petitioner had requested the court that the respondents including the CDA and the special magistrate be directed to make serious efforts to shift the district courts to allotted location.

Moreover, the bench also sought a response from the CDA over a plea against the Federal Investigation Agency (FIA) for blocking the main road in Peshawar Mor, G-9/4.

The hearing of the case was adjourned till April 11.

Published in The Express Tribune, March 15th, 2016.

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