IHC declares seizure of containers unlawful

Directs owners be compensated for loss

ISLAMABAD: Islamabad High Court (IHC) has disposed of a petition related to detention of ship containers for blocking roads on Thursday.

Taking up the petition filed by a private goods trading company, the court declared seizure as unlawful and directed that the owners must be compensated for their loss.

The case was presided over by the Chief Justice IHC Athar Minallah.

According to the written verdict, Chief Justice Athar Minallah issued the direction stated that the state could only control and regulate trade for the purpose and object of ensuring safety, peace, health and good moral of public.

The court added that there was no such regulation nor any restriction imposed by law that citizens who were engaged in lawful business could be obstructed to carry on their business or empower the authorities to detain their containers in which commercial goods were being transported for the purpose of maintaining public order.

Justice Minallah said that “in case the transportation of goods in containers by the petitioner company or any other trader have been obstructed or interfered with, they would be at liberty to approach the competent authorities for seeking compensation.”

The court also asked the federal government to nominate an authorised officer to receive complaints from traders who may have been affected on account of their fundamental right guaranteed under Article 18 of the Constitution having been violated.

Deputy Commissioner (DC) Islamabad Hamza Shafqaat informed the court that no container loaded with commercial goods has been detained or obstructed within Islamabad Capital Territory (ICT).

He said the federal government had allocated Rs60 million for maintaining public order during the Azadi march and assured the court that the traders would be compensated for detaining the containers. Justice Minallah appreciated the deputy commissioner and remarked that provincial governments should follow the same as well.

The chief justice observed that detention of containers loaded with commercial goods without the consent of the owners was a violation of Article 18 of the Constitution.

The court noted that “freedom of trade, business or profession is a right guaranteed under Article 18 of the Constitution. The constitutional provision provides that subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business.”

The court asked the federal government to  ascertain that there was no obstruction or interference with transportation of loaded containers otherwise than as provided under law.

The court remarked that public authorities acting on behalf of the state would ensure that the fundamental rights of the public were safeguarded.

CDA chairman summoned

IHC has summoned the chairman of top civic agency in a case pertaining allotment of plots for false advertisement.

Chairman Capital Development Authority (CDA) had mentioned in previous hearing  that the process regarding allotment of plots was under way  and pleaded the court three weeks period in this regard however the advertisement in the newspapers stated that the allotment process had begun on following directions of IHC.

At the outset of hearing, the counsel representing CDA pointed out that “ the advertisement has been made to initiate the process of balloting for allotment of plots to the petitioner, but bare perusal of the advertisement shows that it has given pursuant to order passed by the court on October 10.”

However, the court observed “ this court never passed the order directing CDA to initiate the process rather the chairman CDA made a statement that the process of allotment of plots in lieu of land is under process and sought three weeks times.”

The court declared the advertisement as erroneous and noted that the process had not been completed yet.

The court issued a contempt notice to chairman CDA so as to explain to why not the contempt proceedings be initiated against him and adjourned the case until November 12.

Published in The Express Tribune, November 3^rd, 2019.