IHC takes strong exception to use of force in Tamma Morian
Locals seek quashing of FIRs filed against them for resisting acquisition of their ancestral land
Islamabad High Court. PHOTO COURTESY: IHC WEBSITE
ISLAMABAD:
Islamabad High Court (IHC) on Thursday took strong exception to the use of Supreme Court’s name for acquiring land by force from the local people of a rural area of Islamabad to build a housing society.
A two-member IHC-bench reprimanded Islamabad Assistant Commissioner (rural) Dr Faisal for using excessive force on October 6 in the name of the Supreme Court (SC) to intimidate Tamma Morrian villagers for evicting 8,000 Kanals land for Supreme Court Bar Association (SCBA) housing society.
The bench comprising IHC Chief Justice Athar Minallah and Justice Mian Gul Hasan Aurangzaib were presiding over the case relating forced land acquisition in Mouza Tamma Morrian villages situated in Zone-IV of the Islamabad Capital Territory (ICT) on Thursday. The villagers were seeking annulment of cases registered against them.
The court also summoned details of the land awarding process in the next hearing.
At the outset of the hearing, Minallah asked AC whether a first information report (FIR) was registered in Bani Gala police station against those who resisted administration in the land acquisition process and added that why the locals were told that the case was being registered as they defied SC’s orders.
Justice Minallah warned AC to either show court the judicial order of SC which states that FIR should be registered against the villagers if they do not evacuate the land.
He said that nobody was above the law and it was evident from the record that someone was being granted favour. He remarked, “This is the federal capital. What is going on here?”
Unconditional ppology
AC Faisal submitted an unconditional apology before the court over the act to which Justice Minallah replied that he should follow the law rather than being apologetic.
The IHC chief justice directed the assistant commissioner that he should not follow illegal orders from anybody. “You should have the mettle to turn down unauthorised instructions from anyone,” Minallah remarked.
The court asked whether the land awarding process was done or the administration went to acquire the land without it. Justice Aurangzaib said the locals were being compelled to evict the land by intimidating them of registered FIR.
The court summoned details of the land awarding process and adjourned the case until November 28.
Disputed territory
In the first week of October, two policemen were injured when locals put up resistance against the police officers who accompanied government officials to take possession of a piece of land in Tamma Morian.
Teams of Federal Government Employees Cooperative Housing Foundation and Islamabad Capital Territory Administration (ICTA) officials had reached the related area to conduct an operation against the villagers who they called encroachers.
However, the locals started brick-batting as soon as they saw the officials coming.
Two police constables were reportedly injured in the shower of stones unleashed by the angry locals, who claimed that they were the real owners of the land and the government was evicting them unjustly.
As the situation intensified, the officials suspended the operation keeping in view the public safety and law and order situation.
The application for registration of first information report (FIR) against the suspects has been submitted in Bani Gala Police Station. The locals however claim that the police needlessly used force.
In September 2017, hundreds of villagers took to the streets to protest against efforts by several government authorities to convert their ancestral lands, located in zone IV of the capital, into housing schemes for the rich and influential.
Residents from the Mohrian and Tamma Villages blocked the Park Road near Tarlai Chowk for several hours to push back against efforts by FGEHF to acquire land in their villages to construct houses for members of SCBA.
Published in The Express Tribune, November 15th, 2019.
Islamabad High Court (IHC) on Thursday took strong exception to the use of Supreme Court’s name for acquiring land by force from the local people of a rural area of Islamabad to build a housing society.
A two-member IHC-bench reprimanded Islamabad Assistant Commissioner (rural) Dr Faisal for using excessive force on October 6 in the name of the Supreme Court (SC) to intimidate Tamma Morrian villagers for evicting 8,000 Kanals land for Supreme Court Bar Association (SCBA) housing society.
The bench comprising IHC Chief Justice Athar Minallah and Justice Mian Gul Hasan Aurangzaib were presiding over the case relating forced land acquisition in Mouza Tamma Morrian villages situated in Zone-IV of the Islamabad Capital Territory (ICT) on Thursday. The villagers were seeking annulment of cases registered against them.
The court also summoned details of the land awarding process in the next hearing.
At the outset of the hearing, Minallah asked AC whether a first information report (FIR) was registered in Bani Gala police station against those who resisted administration in the land acquisition process and added that why the locals were told that the case was being registered as they defied SC’s orders.
Justice Minallah warned AC to either show court the judicial order of SC which states that FIR should be registered against the villagers if they do not evacuate the land.
He said that nobody was above the law and it was evident from the record that someone was being granted favour. He remarked, “This is the federal capital. What is going on here?”
Unconditional ppology
AC Faisal submitted an unconditional apology before the court over the act to which Justice Minallah replied that he should follow the law rather than being apologetic.
The IHC chief justice directed the assistant commissioner that he should not follow illegal orders from anybody. “You should have the mettle to turn down unauthorised instructions from anyone,” Minallah remarked.
The court asked whether the land awarding process was done or the administration went to acquire the land without it. Justice Aurangzaib said the locals were being compelled to evict the land by intimidating them of registered FIR.
The court summoned details of the land awarding process and adjourned the case until November 28.
Disputed territory
In the first week of October, two policemen were injured when locals put up resistance against the police officers who accompanied government officials to take possession of a piece of land in Tamma Morian.
Teams of Federal Government Employees Cooperative Housing Foundation and Islamabad Capital Territory Administration (ICTA) officials had reached the related area to conduct an operation against the villagers who they called encroachers.
However, the locals started brick-batting as soon as they saw the officials coming.
Two police constables were reportedly injured in the shower of stones unleashed by the angry locals, who claimed that they were the real owners of the land and the government was evicting them unjustly.
As the situation intensified, the officials suspended the operation keeping in view the public safety and law and order situation.
The application for registration of first information report (FIR) against the suspects has been submitted in Bani Gala Police Station. The locals however claim that the police needlessly used force.
In September 2017, hundreds of villagers took to the streets to protest against efforts by several government authorities to convert their ancestral lands, located in zone IV of the capital, into housing schemes for the rich and influential.
Residents from the Mohrian and Tamma Villages blocked the Park Road near Tarlai Chowk for several hours to push back against efforts by FGEHF to acquire land in their villages to construct houses for members of SCBA.
Published in The Express Tribune, November 15th, 2019.