How did IHC take suo motu notice of FGEHA scheme, asks SC

The Supreme Court on Wednesday became surprised over Islamabad High Court (IHC) initiating suo motu proceedings in a Federal Government Employees Housing Authority (FGEHA) scheme case.

A three-judge special bench of the apex court, comprising Justice Munib Akhtar, Justice Muhammad Ali Mazhar and Justice Ayesha Malik, resumed the hearing of the petitions filed by those who had applied for plots in sectors F-14 and F-15 of Islamabad and were successful in acquiring them.

On February 3, 2021, the Islamabad High Court (IHC) scrapped the then government’s revised policy on the allotment of plots in the federal capital on subsidised rates to top judges, lawyers and bureaucrats.

The IHC judgement declared the allotment of plots to judges, bureaucrats and government employees in the special sectors of the federal capital as “unconstitutional”.

The IHC verdict affected six former serving and several retired judges.

“The revised policy and the scheme pursuant thereto, intended to be launched in sectors F-12, G-12, F-14 and F-15, are in derogation of public interest and violative of the constitutionally guaranteed rights of the people at large. Thus they are illegal, unconstitutional, void and without jurisdiction,” read a judgment authored by then IHC Chief Justice Athar Minallah.

Lawyer Aziz Bhandari, who was representing the FGEHA, told the SC bench that the IHC first ordered the federal cabinet to chalk out a revised policy for the allotment of plots.

He added that the federal cabinet came up with a revised policy for the allotment of plots in the FGEHA scheme on November 2, 2021.

The lawyer continued that the High Court then went on to scrap the new policy.

Justice Munib inquired whether or not the Centre currently had a policy for the allotment of plots.

The lawyer informed the court that a single-judge bench of the IHC had initiated suo motu proceedings on the matter.

Also read: Order sheet in SC suo motu case still awaited

He added that the IHC had observed that judges had been allotted plots in Sectors F-16 and F-17 of Islamabad.

Bhandari further informed the court that the IHC, taking suo motu notice, had declared the allotment of FGEHA plots as against public interest.

Justice Munib asked the lawyer under which authority had the IHC initiated suo motu proceedings.

The lawyer replied that the High Court had ruled over a matter over which nobody had submitted an application.

The apex court later adjourned the hearing of the case till March 16.

It is pertinent to mention that Justice Minallah has been elevated to the position of an SC judge now.