SC set to listen to petition difficult IHC’s restraining order on plots’ allotment


ISLAMABAD:

The Supreme Court (SC) will take up a petition on Tuesday in opposition to the Islamabad High Court’s (IHC) restraining orders relating to allotment of plots to judges, bureaucrats and authorities staff within the capital’s F-14 and 15 sectors by way of balloting.

The IHC on September 13 suspended the allotment of 4,723 plots in Islamabad’s two new sectors, together with 1,704 plots, measuring one kanal every, allotted to senior bureaucrats and high judges, by a federal authorities housing authority within the month of August.

The courtroom famous that the beneficiaries of balloting in F-14 and F15 sectors additionally included those that have been convicted or dismissed from service on costs of corruption or misconduct.

A 3-judge particular bench led by Justice Umar Ata Bandial will hear two petitions filed by the Federal Government Employees Housing Authority (FGEHA) in opposition to the excessive courtroom’s August 20, 2021, and September 13, 2021, orders.

The FGEHA, by way of Advocate Akram Sheikh, requested the apex courtroom to restrain the IHC from passing orders of comparable nature in opposition to the petitioner.

“The FGEHA is a public institution working for the mission of providing shelter to federal government employees and retirees which has been made dysfunctional and scandalised in media by the vested interests,” the petition stated.

It contended that the IHC orders have created a powerful sense of concern among the many members of FGEHA schemes and allottees all through Islamabad and different capital cities.

“Therefore, it is imperative that the adjudication of this matter of great public importance be in line with constitutional scheme of adjudication and without any influence from the parties involved so that the FGEHA may continue its work uninterrupted and unhampered for the benefit of its members,” it added.

The FGEHA objected {that a} excessive courtroom couldn’t train suo motu jurisdiction beneath Article 199 of the Constitution of Pakistan, saying that solely on the applying of an aggrieved get together or on the applying of any particular person can Article 199 be invoked.

“The high court while exercising jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan 1973 cannot travel beyond the grievance of an aggrieved party or a person,” the petitioner contended.

“If a high court while exercising the jurisdiction under Article 199 of the Constitution travels beyond the grievance of an aggrieved party or a person, it amounts to exercise of suo motu jurisdiction which a high court does not have,” the petition added.

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It requested the apex courtroom to put aside the IHC’s August 20 and September 13 orders.

It is already being reported that Chief Justice of Pakistan (CJP) Gulzar Ahmed, senior puisne decide and different judges of the SC, provincial excessive courts and bureaucrats in BS-20 to BS-22 have been allotted 1,704 plots of 1 kanal every in Sectors F-14 and F-15 on Aug 17.

The FGEHA additionally allotted 1,690 plots, measuring 14 marlas every, to officers in BS-18 and BS-19; 1,329 plots, measuring 10 marlas every, to these in BS-16 and BS-17.

Around 50 superior courts judges, together with CJP Gulzar, and two former chief justices, Iftikhar Mohammad Chaudhry and Anwar Zaheer Jamali, have been allotted plots by way of balloting on August 17, 2021.

Justice Faisal Arab, Justice Manzoor Ahmed Malik, Justice Iqbal Hameedur Rehman, Justice Mazhar Alam Khan Miankhel, Justice Sardar Tariq Masood, Justice Ijazul Ahsan and Justice Maqbool Baqir have been allotted two plots of 1 kanal every within the new sectors.

Also, one-kanal plots have been allotted to Justice Umar Ata Bandial, Justice Amir Hani Muslim, Justice Riaz Ahmed Khan, Justice Abdul Latif Khan, Justice Malik Manzoor Hussain, Justice Sheikh Najamul Hassan, Justice Ejaz Afzal Khan, Justice Jalaluddin, Justice Asadullah Khan, Justice Irshad Qaiser, Justice Mohammad Daud Khan, Justice Yar Mohammad, Justice Zaheer Ahmed Shahwani, Justice Nisar Hussain Khan, Justice Noorul Haq N Qureshi, Justice Sahib Khan, Justice Abdul Sami Khan, Justice Mohammad Younas Khan, Justice Mushir Alam, Justice Ali Akbar Qureshi, Justice Ashraf Jahan, Justice Qazi Mohammad Amin Ahmed, Justice Mohammad Ghazanfar Khan, Justice Ikramullah, Justice Aminuddin Khan, Justice Lal Jan Khattak, Justice Qaiser Rashid Khan, Justice Ishaq Khan, Justice Azam Khan, Justice Said Maroof Khan, Justice Khilji Arif Hussain, Justice Mehmood Akhtar Shahid Siddiqui, Justice Sarmad Jalal Usmani, Justice Ijaz Ahmed Chaudhry, Justice Mohammad Athar Saeed, Justice Dost Mohammad Khan, Justice Sajjad Ali Shah and Justice Syed Zahid Hussain.

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