Bahira Town-Forest Department row: Transfer land dispute case to another bench, says Barrister Zafar

Says does not expect justice from current bench, fundamental rights being impugned.

ISLAMABAD: Barrister Ali Zafar, counsel for Bahria Town, has filed a petition before chief justice of Pakistan seeking transfer of Bahria Town-Punjab Forest Department land dispute case to another bench that does not have Justice Jawwad S Khawaja on it.

The petition also calls for delisting the case for today and fixing it for hearing after April 1.

He took the plea that the land dispute between Bahria Town and Punjab Forest Department is pending adjudication in a subordinate court. A petition was filed in Supreme Court (SC) seeking adjournment in this case. “You, as CJP, had accepted the plea and allowed general adjournment till March 24 to April 1 this year,” wrote Barrister Zafar.

However, a bench of SC headed by Justice Khawaja took up the case for hearing on March 25 and did not accept the plea from the counsel for adjournment of hearing of the case despite the fact that this adjournment was allowed by CJP.

Barrister Zafar said that Justice Khawaja not only gave several observations in this case but also granted interim relief which can prove detrimental to his client Bahria Town in the final decision of the case by the courts.

“Justice Khawaja has fixed the case for hearing on Tuesday (today), despite the fact that adjournment was allowed by the chief justice. “We want this case to be de-listed and fixed for hearing by some other bench,” the Bahria Town’s counsel said.

He said the fundamental right enshrined in Article 10-A of the Constitution guarantees that a person shall be entitled to a fair trial and due process, which is being infringed in the instant case.

He submitted that Justice Khawaja was also heading a bench of this court which had dealt with a dispute between Malik Riaz and Dr Arsalan Iftikhar in which the court held that it is the fundamental right of every person to have a fair trial and hence refused to deal with the case of Dr Arsalan on this basis.

Published in The Express Tribune, March 31^st, 2015.