ETPB barred from taking over Lal Haveli

LHC issues injunction against decision to cancel registrations

RAWALPINDI:

The Lahore High Court Rawalpindi bench on Wednesday issued an injunction on a writ petition against cancelling and sealing the registrations of the Lal Haveli, the residence of former interior minister Sheikh Rashid Ahmed in Rawalpindi.

The judge barred the Evacuee Trust Property Board (ETPB) from taking possession of Lal Haveli unilaterally. The court ruled that no party would act in relation to Lal Haveli until the high court made its ruling.

Meanwhile, the three writ petitions were approved for regular hearings, with Lal Haveli to stay sealed. The plea to de-seal Lal Haveli was also denied.

Last month, they had sealed the mansion for the second time this year. It first sealed units of the Lal Haveli in January on the pretext that it had ownership of the property. Rashid challenged the decision right away, with LHC ordering the ETPB to de-seal the units and settle matters within 15 days.

Also read: LHC directs authorities to produce Sheikh Rashid within seven days 

The property was sealed again last month with the ETPB saying while the registries of Rashid’s haveli were not fake the documents he had produced in his defence were inadmissible. Hence, the chairman decided to proceed by cancelling the registries, ETPB’s Deputy Administrator Asif Khan had said at that time.

The court adjourned the hearing till October 19 while instructing both parties to come prepared at the next hearing before adding that neither party would receive an adjournment at the next date.

The court added that a decision on the fate of the mansion would be made after hearing from both parties, with notices sent to the federal government and the ETPB chairman.

According to Rashid’s brother Sheikh Siddique, he legally acquired the property through a registered deed. The property’s ownership was also officially documented in court records. It currently serves as the political headquarters for his brother and his Awami Muslim League party. The government’s intent to reclaim the property from Sheikh Rashid and his brother, according to Sheikh Siddique, is driven by an unlawful desire for political vengeance. Sheikh Siddique contends that the chairman of ETPB lacks the legal and constitutional authority to execute such actions.

Read more: Court rejects request to unseal Lal Haveli

Advocate Sardar Abdul Razzaq, representing Siddique, contended that the additional secretary of the Ministry of Religious Affairs was given the charge after which he took the unilateral decision. Syed Attaur Rehman was given the charge on May 5.

The lawyer contended that the proceedings were also unlawful as the premises were sealed first, with a written order handed over later.

Moreover, he argued that the permanent chairman had termed the decision to cancel the registration illegal. He was removed in retaliation, with Rehman appointed temporarily for three months, the lawyer contended.

 

Published in The Express Tribune, October 12^th, 2023.