Football in chambers

ISLAMABAD: The law seems to be something the legal fraternity has little respect for. Whether it be garlanding confessed murderers in roses and demanding pardons for them, picking fights with cops, soldiers and civilians, or that Pakistani favourite — land grabbing.

Just take the recent case of a football ground in the capital’s sector F-8. Located right next to the sector’s main commercial area, which also houses the district courts and the chambers for a number of lawyers, the ground is probably the best -maintained public park in the sector, and a good place to go in an entertainment-starved city. There are always a number of youngsters playing in the area, some of whom ‘defy the law’ by playing cricket in a football ground.

So the ground is definitely a place for much-needed recreation, but that’s not all. When these kids are done with their football or cricket, they often head to one of the nearby restaurants for a bite. In essence, the park is also increasing commercial activity in the area and keeping the market looking busy. However as small as the actual impact may be, these things matter to small businesses, and taking them away would very likely take a bite out of the bottom line.

Meanwhile, the main market area where lawyers’ chambers are set up reminds one of a labyrinth. Many lawyers lack workspace and are waiting for the new judicial complex in Sector G-10 to be completed so they can move in to the chambers there.

All well and good. Patience is, after all, a clichéd virtue, but one that seems lost on the legal fraternity (except when they want to keep charging clients by getting stay orders).

Lawyers have started building around 35 chambers on the football ground after getting legal cover from a civil court. Fine, except the civil court seems to have ignored a Supreme Court order on encroaching on public property, which is exactly what is being done here. I am not a lawyer, but I do know what legal precedent is, and SC trumps civil every time.

Last month, the lawyers claimed that an NOC from the district administration proved that they were allowed to build on the site, which was odd because the district administration said no such thing. Though the district commissioner readily admitted to issuing the NOC, he clarified that permission to build would have to be taken by the CDA, because that’s the law.

Lousy laws. Always making life difficult for people who practice it.

The decision to build was backed by the district bar, which would imply that at least a few lawyers familiar with CDA bylaws would be on hand for consultation. So why was the CDA never approached?

Maybe because they knew that “the land has been marked for a football ground and if lawyers start construction, the CDA Enforcement Directorate will definitely take action”. That was CDA spokesperson Ramzan Sajid in February, after local traders had fisticuffs with lawyers over the issue. Curiously, the traders knew exactly who to call about the offence — the Enforcement Directorate.

The very legal move on the part of traders led to FIRs being lodged by both parties against each other, and a suggestion from the amazingly creative Islamabad police to solve the problem by sealing the park. After all, who cares if kids don’t get to play there? It’s not as if exercise and group activities are good for their health and personal development.

Oh wait, they are.

On Friday, allegations came out that lawyers had ensured that two notices served on the CDA failed to arrive at the civic agency. Effectively, a no-show by the CDA could essentially be interpreted as CDA approval. Further allegations included attempts by the CDA’s lawyer to water down a scathing Enforcement Directorate report on the issue.

Then on Saturday, when members of the public approached the court to offer their opinions, their lack of a lawyer became a minor issue, rather than the infringement of their rights as area residents and direct beneficiaries of the park. Understandably, they said lawyers refused to work for them, fearing the wrath of their colleagues

All this makes one wonder; maybe the F-8 traders should take up law. What’s the worst they could do? Abuse it for personal gain?

On a side note, a college principal in Rawalpindi was allegedly threatened by police officials after a judge took offence to students playing sports in the college grounds/ court parking  lot (the college building is ‘temporarily’ being shared with lower courts). However, the judges seemingly have no issue with rapists and murderers being paraded through the college, or with a potential hostage situation, which incidents of firing and escape attempts suggest are not unimaginable.

Apparently, judges just don’t like sports.

The writer is a sub editor on the Islamabad Desk. [e-mail]

Published in The Express Tribune, March 17^th, 2013.