Metro Train plea returned to division bench that had stayed construction

The full bench was formed to hear it and another plea on request of the AGP

LAHORE: Last week, a petition against the Orange Line Metro Train project was returned to the division bench that had earlier issued a stay order in the case after the two judges on the division bench refused to serve on a full bench formed to hear the petition.

LHC Chief Justice Ijazul Ahsan had constituted the full bench on March 19 to hear petitions related to some China-Pakistan Economic Corridor (CPEC) projects and the Orange Line Metro Train project on the request of the Attorney General of Pakistan (AGP). Justice Khalid Mahmood Khan headed the five-member bench. Justice Shahid Bilal Hassan, Justice Ali Akbar Qureshi, Justice Abid Aziz and Justice Shahid Karim were other members.

On the day of the hearing (March 21), the counsels for both parties –Attorney General of Pakistan Salman Butt, Punjab Advocate General Shakilur Rehman and Advocate Azhar Siddique, respectively – were informed that Justice Aziz and Justice Karim had refused to serve on the full bench.

Justice Khan then sent the petitions to the chief justice who referred the matter to the division bench comprising Justice Aziz and Justice Karim.

The division bench had stayed construction work for the OLMT project within 200 feet of some of the historical sites on January 28. The historic 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.

Speaking to The Express Tribune, Advocate Azhar Siddique, counsel for the petitioner, said that the CJ had withdrawn his order for not being in accordance with judicial norms.

He said the CJ could not form a full bench without consent of the judges already hearing the matter. He said the CJ had formed the full bench on recommendations of another bench, taking up an intra-court appeal challenging the provincial government’s coal power plants (started under the CPEC projects).

The attorney general had submitted that the coal power plant projects and the OMLT projects were interlinked. He had said that a larger bench should be formed to hear petitions against them.

Advocate Azhar Siddique had also filed an application challenging the formation of the larger bench. In his application, he said that the matter was already being heard by a two-member bench. He said a larger bench could not be formed over the same issue twice.

He said the bench taking up the matter had nearly completed its proceedings and had not sought the formation of a larger bench.

He said the OMLT and the coal power plant projects were two separate issues.

Published in The Express Tribune, March 28^th,  2016.