ISLAMABAD:
An embattled Bahria Town administration came out with some new ammunition on Monday, pleading that the Supreme Court should not be hearing cases against it – ironically basing its new prayer on a recent judgment given by the apex court itself in the controversial Dr Arsalan Iftikhar case.
In a reply submitted to the court in the case pertaining to the murder of a security guard in relation to an alleged land-grabbing case, Bahria Town’s administration pointed out that in the Dr Arsalan case, which dealt with alleged bribes taken by the chief justice’s son from the family of real estate tycoon, the court had stated that matters of such nature should be taken up by a “competent trial court”.
Bahria Town pleaded that “the Honourable Supreme Court is not a trial court, which can decide the civil disputes between private parties” and also pointed out that the real estate company has already submitted that all claims against it are actually “civil disputes” and should hence be decided by a “civil court.” Taking its argument a step further, it was also argued that if Bahria Town property disputes are to be taken up by the apex court, then all such disputes should be dropped from civil courts and taken up by the Supreme Court.
The real estate company further prayed that it had not been given a “proper trial” – which, it was argued, could only take place in a civil court “after the recording of evidence and a decision taken on merits.” The right to such a trial, contended Bahria Town, has been enshrined in the Constitution under Article 10-A – which was also stated by the Supreme Court in its “landmark” judgment in the Dr Arsalan case.
Bahria Town, the largest land development company in the country, and its former chairman Malik Riaz have a number of cases being heard against them in the Supreme Court for over three years now. It was pointed out that the Dr Arsalan case had been referred to the competent authority “within 4 days” – and Bahria Town has prayed to get similar treatment from the court.
Published in The Express Tribune, July 3rd, 2012.
COMMENTS (16)
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Supreme Court is top court of this country and the very last "Court of Appeals". As such, it can take up and pass judgements upon any case. Period.
@Greens: Yes that what i was gonna say :)
@AA: CJP is ridiculuosly corrupt? I am sure that you will not say the same thing for Zardari.How much an educated person can go low has no limits.With all his faults and he for sure has some(who doesnt?),CJP is our big hope against corrupt and state highhandedness. Only biased, shallow or smart people having vested interest would call him corrupt though.
@AA: Get a life!
@Wellwisher: speedy for who? himself and family roaming around and gambling away someone else's mony in Monte Carlo? Can you get lower than that?
@Mirza: This is called speedy justice!!!
@ AA,
Yes and you have recently been called by Zardari to sell the land close to Presidency to a landlord in Sindh. But you refused and stood up for the cause to malign the judiciary.
What is good for the goose should be good for the gander. There should be no double standards in dispensation of justice. In this case all parties are rotten apples.
I have no sympathy with Malik Riaz or any other person if he has murdered some one or grabbed the land of anybody or deprived the widows or orphans of their hard earned money. Let the curse of God upon him. Having said that if the prayer of the BT is compatible with rules and regulations and explicit provisions of the Constitution then it is a test for the bench hearing the case as to whether friendship or the law is above.
SC is the last hope for poor pakistani's. People like Malik Riaz should once and all be brought in the hands of justice and deprive them of all their wealth earn by illegal means, only then pakistan can prosper.
How come the murder of a security guard be a “civil disputes” ????
Trial should be done fairly without any pushing from any side
Yet another clear evidence of bias.
The legal argument says "Bahria Town pleaded that “the Honourable Supreme Court is not a trial court". This is very true; however the PCO SC has lowered itself to the level of lowest trial court especially against the govt and in support of poor homeless Arsalan. In fact the SC is now a magistrate, civil court and a trial court where the cases start and end, thus depriving the aggrieved party of the right to appeal to a higher court.
After taking Suo Moto action himself Chaudhry says “the Honourable Supreme Court is not a trial court, which can decide the civil disputes between private parties”. He along with his entire family are ridiculously corrupt.