IHC once again summons DG ISI, defence secretary

Defence ministry challenges order in the Supreme Court

ISLAMABAD: Justice Shaukat Aziz Siddiqui of the Islamabad High Court has once again summoned Director General Inter-Services Intelligence (ISI) and the defence secretary on July 4 in a case pertaining to encroachments in the federal capital.

Justice Siddiqui has ordered DG ISI and Secretary Ministry of Defence to appear in person before court on Wednesday and issued contempt notice to director legal MoD and three officials of ISI as they did not sign the order sheet as directed by the court within court time on Tuesday.

After director legal MOD and ISI officials did not sign the court’s order sheet as per their commitment, Justice Siddiqui issued show cause notices to all four of them enquiring why contempt of court proceedings may not be initiated against them for failing to comply with court order.



The IHC’s order sheet incorporated an undertaking that the spy agency would clear security barricades and encroachment from Khyabane Suharwardi in a month’s time. On previous hearing, the director land and engineering of CDA Syed Jawad Muzaffar said that the complaint regarding illegal construction was received earlier and demarcation was carried out, however, fresh demarcation is still required through the land survey department.

If the complaint is still found valid, remedial steps to remove encroachment through CDA will be taken, Muzaffar had added.

Earlier on June 22, the IHC had directed the Ministry of Defence and the CDA to remove barricades and open a public road in front of the agency’s headquarters. Justice Siddiqui had observed in his written order that if required, the agency should take security measures within the limits of its premises and not on public space.

“Therefore, it is in the interest and prestige of the institution of the army that encroachment be removed immediately, but not later than one week i.e. 29-06-2018,” the court order read, adding it would harm the institution’s reputation if the court order is executed by the CDA enforcement staff.

The court had also observed that there was no permission from the CDA for blocking the road and that this blockade was also against the city’s plan. The court would resume hearing on July 4 (today).

IHC order challenged

The defence ministry has approached the Supreme Court of Pakistan against the order to clear road in front of the ISI headquarter. A single bench of IHC comprising Justice Shaukat Aziz Siddiqui on June 22 directed the ISI to clear the road in front of its office within a week



The ministry through the Attorney General for Pakistan office on Tuesday submitted a petition in the apex court against the IHC’s order. Interestingly, the case has also been fixed for hearing before a three judge bench, headed by Chief Justice of Pakistan Mian Saqib Nisar today.

A senior law officer while talking to The Express Tribune contended that there was no prayer regarding the clearance of road in the matter, wherein IHC passed consecutive orders. He said that the apex court has already suspended an order related to the private schools case, wherein the applicant did not sought remedy which was granted by the high court.

The officer further said that the agency is seeking appropriate time to take measures to beef up security before clearing the road.  He also contended the right of movement has never been violated as citizens are using alternate roads.