SC seeks govt’s fresh policy in plots allotment case

ISLAMABAD:

The Supreme Court has sought the government’s new policy regarding the allotment of plots to judges, bureaucrats and government employees in the capital’s F-14 and 15 sectors through balloting.

A three-judge special bench of the apex court led by Justice Umar Ata Bandial heard two petitions filed by the Federal Government Employees Housing Authority (FGEHA) against the high court’s August 20, 2021, and September 13, 2021 orders.

The FGEHA through its counsel Akram Sheikh requested the apex court to restrain the IHC from passing orders of similar nature against the petitioner.

The IHC on September 13 suspended the allotment of 4,723 plots in Islamabad’s two new sectors, including 1,704 plots, measuring one kanal each, allotted to senior bureaucrats and top judges, by a federal government housing authority in the month of August.

The court noted that the beneficiaries of balloting in F-14 and F15 sectors also included those who have been convicted or dismissed from service on charges of corruption or misconduct.

During Tuesday’s proceedings, the counsel for FGEHA contended that the high court had abused the process. He stressed that the high court ought to practice extra diligence while passing such verdicts, adding such orders could make the superior court judges controversial.

Sheikh also regretted the ‘misleading’ media reports about the IHC’s order regarding the allotment of the plots.

Read More: SC approached in allotment of plots matter

“The FGEHA is a public institution working for the mission of providing shelter to federal government employees and retirees which has been made dysfunctional and scandalised in media by the vested interests,” the petition said.

However, Justice Umar Ata Bandial in his remarks observed that the judges spoke through their judgements, adding that media persons were throwing their own credibility into doubt if they had misreported certain facts.

He said the counsel can file a contempt petition if he had any grievances against media persons.

The justice said that the IHC has urged for the formulation of a fresh policy regarding the allotment of plots.

Justice Syed Mansoor Ali Shah wondered whether judges were government servants.

Akram Sheikh stated that FGEHA has been dysfunctional due to the high court orders.

However, Justice Shah asked why the new government policy regarding allotment of plots was not being adhered to.

Sheikh stated that the new policy has already been submitted in IHC.

Justice Bandial also noted that IHC questioned the allotment of plots to corrupt judicial officers. He, however, added that no one's integrity is challenged in case of receiving benefits as per entitlements and government policy. He also said that judges’ entitlements are secured in the president's order.

Hafiz Ahsaan Ahmad Khokhar, the counsel for allottees, contended that the high court has no jurisdiction to initiate suo motu proceedings.

Furthermore, he said that the high court should be given a timeframe to decide this matter.

Justice Bandial said that they could not bind the high court to decide matters within a certain period. In the meanwhile, the bench asked Akram Sheikh to submit the government’s new policy regarding the allotment of plots.

The hearing of the case was adjourned for an indefinite period.

It is already being reported that Chief Justice of Pakistan (CJP) Gulzar Ahmed, senior puisne judge and other judges of the SC, provincial high courts and bureaucrats in BS-20 to BS-22 were allotted 1,704 plots of one kanal each in Sectors F-14 and F-15 on Aug 17.

The FGEHA also allotted 1,690 plots, measuring 14 marlas each, to officers in BS-18 and BS-19; 1,329 plots, measuring 10 marlas each, to those in BS-16 and BS-17.

Around 50 superior court judges, including CJP Gulzar, and two former chief justices, Iftikhar Mohammad Chaudhry and Anwar Zaheer Jamali, were allotted plots through balloting on August 17, 2021.