SC dismisses nine-year-old petition on expansion of US embassy

Petitioner argued that US is constructing hostel inside embassy in clear violation of international rules, conventions

ISLAMABAD: A three-member bench of the apex court on Wednesday rejected a Constitutional petition against the expansion of United States’ embassy in the federal capital.

The bench, headed by Chief Justice (CJP) Saqib Nisar, observed that none of the rights of the petitioner were violated, and therefore, the petition is not maintainable. He further observed that it is a direct policy matter.



The petitioner, Barrister Zafarullah Khan, appeared before the bench during today's hearing. Deputy Attorney General (DAG) Sohail Mahmood referred to the court order dated March 21, 2009, wherein it was stated that the court will examine the maintainability of the petition.

The petitioner argued that the US is constructing a hotel inside the embassy which is in clear violation of international rules and conventions. The bench then asked the petitioner whether those conventions are part of domestic laws.

Justice Nisar said these are direct policy matters and asked the petitioner to point out the fundamental rights which he claims were violated by the construction of the embassy. The petitioner referred to Article 9 of the Constitution which pertains to right to life.

However, after a brief hearing, the bench dismissed the petition. An order issued by the bench stated that no rights of the petitioner were violated, hence the petition is not maintainable.

Earlier, the top court had decided to examine a report by the Capital Development Authority (CDA) on March 28 on the US embassy’s construction plan to build a basement and a new seven-story office building.



Two years ago, the apex court had sought a written explanation over the petitioner's allegations regarding the construction of a hotel inside the embassy. The matter was fixed for the first time today (Wednesday) when it was dismissed.

Petitioner Zafarullah Khan, a lawyer and chairman of Watan Party, had approached the apex court in 2009, praying the apex court to ask the government to verify the allegation that a hotel was being constructed in the US embassy.