SC breathes life into IWMB’s hope
The Supreme Court (SC) Thursday ordered the Capital Development Authority (CDA) to return all three offices of the Islamabad Wildlife Board (IWMB) to the wildlife protection agency, declaring the sealing of the facilities inappropriate.
The dispute between the civic body and the federal capital’s sole wildlife protection agency arose when CDA tried to forcibly seal IWMB’s Public Information Centres within the jurisdiction of the Margalla Hills National Park (MHNP) sans prior notice.
Following the brief tug-of-war, the IWMB moved the apex court, prompting a hearing by a three-member bench headed by Chief Justice Qazi Faiz Isa.
The court ordered CDA to return all three wildlife offices including those on Trail 5, and Trail 6.
Moreover, the court asked for all the details, including photographs, of the CDA Rest House in Daman-e-Koh. The court observed that the CDA Rest House established in Daman-e-Koh should be for public use instead of the CDA chairman and officers. The court sought complete details of all the lands acquired by the CDA in the national park area.
Read: CDA seals IWMB information centres
The court issued notices to the attorney general and advocate general regarding the dispute over a private restaurant on military grassland.
Declaring the seizure of office items by CDA, the court also ordered the agency to return the equipment collected from the offices of the wildlife board.
“There is a risk of fires in the national park. The wildlife board should re-install its equipment to deal with the threats,” ruled the court.
At the onset of the hearing, the court was told that CDA vacated the sites without any notice. The conduct exhibited by the CDA was inappropriate.
During the hearing, CDA's lawyer said that CDA should be allowed to share those buildings. The chief justice remarked that a thing has been invented and it is called a car. “When needed, you can drive from the CDA office to Margalla Hills,” Justice Isa observed.
Counsel for CDA said the civic body has a rest house in the national park. The court declared that the rest house of CDA should be used for public purposes. An order was given to provide photographs of the rest house. The court declared that the details of all the properties owned by CDA in Margalla Hills should also be provided.
CJP Qazi Faez Isa said Prophet Muhammad (may God bless him) has been called Rahmatulil Alameen (a blessing for all the universe). What does this mean? CDA counsel replied that it means he is a blessing to all the world.
The chief justice said that on the night of Miraj (ascension), all the prophets prayed behind the prophet Muhammed, why was this honour not given to any other prophet? It meant that after him, peace and blessings be upon him, we have to take guidance from the prophet. Allah gave the title Habibullah to our beloved prophet.
Justice Isa further said now come to our Constitution. What is written in the very beginning?
The CDA lawyer said it is written in the beginning of the Constitution that the sovereignty belongs to Allah. The chief justice said MHNP also falls under its ambit.
Later during the hearing, Umar Ejaz Gilani Advocate referred to a decision of CJP Qazi Faez Isa. He said we did not come here against CDA. We want the two organisations to work amicably together. We want none of the two blocks the other's way. The court adjourned further hearing till March 11.
Published in The Express Tribune, February 23rd, 2024.