Metro train, CPEC projects: Chief justice requested to reconstitute larger bench

Justice Abid Aziz Sheikh and Justice Shahid Karim have declined to hear petitions for personal reasons

LAHORE: A Lahore High Court (LHC) larger bench constituted to hear petitions related to the China-Pakistan Economic Corridor (CPEC) projects and the Orange Line Metro Train project could not hold its proceedings on Monday after two of its members declined to hear the petitions for personal reasons.

On Saturday, LHC Chief Justice Ijazul Ahsan had constituted the bench. Justice Khalid Mahmood Khan headed the five-member bench. Justice Shahid Bilal Hassan, Justice Abid Aziz Sheikh, Justice Ali Akbar Qureshi and Justice Shahid Karim were its other members.

On March 17, a division bench, headed by Justice Khan, had referred to the chief justice a petition against the CPEC and the metro train projects, with a request to consolidate all petitions and constitute a larger bench to decide the matter.

On Monday, members of the bench called Attorney General of Pakistan Salman Butt, Punjab Advocate General Shakilur Rehman and Advocate Azhar Siddique, the counsel for several civil society organisations in petitions filed against the train project, to the chamber of Justice Muhammad Khalid Mehmood Khan and told them that Justice Abid Aziz Sheikh and Justice Shahid Karim had refused to be part of the full bench.

Justice Khan has sent the petitions to the chief justice for constitution of a new bench to take up the matter.

A division bench, headed by Justice Abid Aziz Sheikh and comprising Justice Shahid Karim, was earlier hearing petitions filed against the Orange Line Metro project. Butt had completed his arguments on a stay application filed by the federal government. Rehman was due to argue the case when the full bench was constituted.

On January 28, a division bench of the LHC, headed by Justice Abid Aziz Sheikh, had stayed construction work within 200 feet of some of the historical sites on the route of the of the Orange Line project. The historical buildings along the route are: Lahore Registry of the Supreme Court, Shalimar Gardens, Chauburji, Saint Andrew’s Church, GPO Building, Mehrunnisa’s tomb, Budhu ka Awa, the Mauj Dariya tomb, Shah Cheragh Building, Awan-i-Auqaf and Dai Anga’s tomb.

Published in The Express Tribune, March 22^nd, 2016.