Petitioner argues that Americans have violated the Vienna Convention. PHOTO: AFP
ISLAMABAD:
The top court on Monday issued notices to secretaries of foreign affairs and defence, chairman Capital Development Authority (CDA) and other functionaries over a petition filed against granting of 18 acres of land for the expansion of American embassy in the federal capital.
A three-judge bench of the Supreme Court, headed by Justice Ejaz Afzal Khan, heard the Wattan Party petition, which was represented by Barrister Zafarullah.
The Wattan Party had filed the petition in 2009 and made federation, through cabinet secretary, secretary Ministry of Foreign Affairs and CDA as respondents.
During the hearing, petitioner Zafarullah argued before the court that the Americans have violated the Vienna Convention. Justice Qazi Faez asked under what law could they direct the foreign mission?
The lawyer said the foreign missions could have more land in the country provided they allotted Pakistan embassies land of similar size in their own countries, adding there is no immunity in the law.
Justice Dost Muhammad reminded him that there is also the New York Convention.
The Barrister said that already 1,500 US citizens are working in the American Embassy and a seven-storey building is under construction, adding that the issue is of national importance and not personal.
He wondered who was going to look after the interest of the state if the Supreme Court rejected his petition.
The counsel told the bench that if it could not direct the foreign missions then at least it could order the Ministry of Foreign Affairs and chairman CDA.
Justice Qazi said that the question is one of jurisdiction.
The petitioner had requested the apex court to stop the respondents from selling land to Americans and allowing them to rent houses in Islamabad. “Islamabad is a very strategic place,” he had cautioned.
The petition said that the US mission in Islamabad already has 38 acres of land and that there was no need of allotting 18 acres more. The hearing of the case was adjourned for an indefinite period.
It is to be noted that the Pakistan Bar Council expressed its reservations over the expansion of the US embassy. Its executive body issued a statement last year, regretting that more than 10 petitions had been filed in the Supreme Court against the expansion but none fixed for hearing.
After the expansion, the complex will have the capacity to accommodate more than 5,000 American personnel with latest equipment in close proximity to the Red Zone which houses the Foreign Office, Prime Minister’s Secretariat, presidency and other embassies.
Last year, another petitioner Lt-Col (retd) Inamul Rahim filed an application through his counsel Tariq Asad, in which he had expressed the apprehension that plans to extend the US mission may pose a grave threat to the security and sovereignty of Pakistan.
The applicant stated that a mini city was being constructed in the US embassy with underground bunkers. “Construction work is already in full swing to construct a mini-America in the heart of Islamabad.”
Published in The Express Tribune, September 22nd, 2015.
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