Encroachment: ‘Departments don’t act until court directs’

IHC turns down Briton’s request to strike name off ECL

ISLAMABAD: State machinery on Thursday was chastised for developing a habit where they do not work until the court directs them to do so.

This was observed by Islamabad High Court’s (IHC) Justice Mohsin Akhtar Kayani while hearing a case regarding encroachment on state land in Shah Allah Ditta.

During Thursday’s hearing, the lawyer for the petitioner contended that around 300 kanals of land in Shah Allah Ditta is in the control of the Auqaf Department.

Historical ruins and a 400-year-old temple of Hindus in the area is being affected by encroachment on state land.

Hence, he urged for the court to intervene and wrest control of the land from the encroachers and form a task force for the purpose.

Justice Kayani noted that if someone does not work, they should be asked to go home.

He added that while they were trying to build new institutions and raise new forces, they were still ‘not working’.

Justice Kayani added that something which once used to be tackled by a judge of the sessions court, now even the high court is unable to do. He added that the sessions courts have been overburdened with tribunals and special courts that they have been unable to tackle the workload effectively.

Justice Kayani summoned the deputy and assistant commissioners, Capital Development Authority (CDA) officials and Golra police station SHO to be physically present at the next hearing of the case.

The court was adjourned until December 5.

Briton on ECL

In a separate case, the IHC has turned down a request by British citizen Dean Anderson to remove his name from the no-fly list.

A two-member bench of the IHC, comprising Justice Athar Minallah and Justice Miangul Aurangzeb, heard a petition by Anderson to remove his name from the Exit Control List (ECL).

During Thursday’s hearing, Anderson’s lawyer Hafiz Arafat contended that while the National Accountability Bureau (NAB) has been probing a case he was implicated in for the past seven years, the apex anti-graft body has only summoned him once in the past seven months for an inquiry hence his name should be removed from the ECL.

However, Justice Minallah remarked that the court has already directed not to remove his name from the ECL.

He told Anderson’s lawyer that he can ask for a copy of the order.

Justice Minallah further said that the petitioner has already secured bail-before-arrest so now he must face an inquiry.

Arafat contended that he should be allowed to argue his case, adding that his client — who had been in Pakistan since 2011 after arriving to conduct business — had paid the money he owed. Hence, his client deserves to be removed from the ECL based on merit.

Justice Minallah directed that at the next hearing of the case, the lawyers should present arguments on closing the case and removing Anderson’s name from the ECL.

The hearing was then adjourned for 10 days.

Gulalai on ECL

In the case of Pakistan Tehreek-e-Insaf (PTI) splinter group ell chief Ayesha Gulalai being included on the ECL, the IHC ordered the interior ministry secretary to be either personally or through a legal representative, attend the next hearing of the case.

The directive was issued by IHC’s Justice Minallah as he heard a request from Gulalai’s lawyer to set an early date for the next hearing of the case since his client had to travel abroad.

Approving the plea, Justice Minallah directed all the respondents to submit their responses before the case hearing and adjourned the case until November 5.

Published in The Express Tribune, November 2^nd, 2018.