ISLAMABAD: The Supreme Court (SC) Friday postponed any further action on the contempt plea filed against notifications regarding transferring the Islamabad Wildlife Management Board (IWMB) from the Ministry of Climate Change to the Ministry of Interior as well as sacking of the IWMB chairperson.
A three-member SC bench, headed by Chief Justice Qazi Faez Isa, heard the plea, filed by a sacked official of the IWMB, seeking initiation of contempt proceedings against the responsible government functionaries for violating its order of June 11, 2024 passed in a matter related to commercial activities on and around the Pir Sohawa road in the National Park at Margalla Hills.
Rina Saeed Khan, who was recently sacked as the IWMB chairperson, had filed a contempt petition in the apex court under Article 204 of the Constitution. She had made Eazaz A Dar, secretary Ministry of Climate Change, Asad Rehman Gillani, principal secretary to prime minister, Chaudhry Muhammad Randhawa, chairman Capital Development Authority (CDA), Kamran Ali Afzal, secretary Cabinet Division, Luqman Ali Afzal, owner Monal restaurant and Dr Amjad, owner La Montana restaurant as respondents. She had prayed the apex court to initiate contempt proceedings against these respondents for violating its order passed on June 11, 2024.
On Friday, the court postponed any action after the attorney general for Pakistan (AGP) gave an undertaking on behalf of the government that a notification issued on 19 July 2024, an order dated 2 August 2024 and a memorandum dated 6 August 2024 would not be given effect to and the National Park will be retained under the Ministry of Climate Change and Environmental Coordination till the next date of hearing. Therefore, the taking of any further action on the said contempt applications was postponed till the next date, on which date a concise statement would be filed by the federal government, according to the court order.
The court expressed the hope that the AGP would brief the PM himself, when he would bring to his attention the court order.
On Friday, Umer Ijaz Gillani, counsel for the petitioner Rina Saeed Khan, submitted that because, in her capacity as the chairperson of the Wildlife Management Board, she had filed a Constitutional Petition No. 3 of 2024 before the SC, she was punished and removed from the position vide notification dated 19 July 2024, issued by the Ministry of Climate Change and Environmental Coordination and that has been done without assigning any reason. The said notification also stipulated that additional secretary-I should hold the position of chairperson as additional charge for three months till another chairperson was appointed.
The court was informed about the PM order, directing that the IWMB should be transferred from the Climate Change & Environmental Coordination Division to the Interior Division, along with all assets and liabilities henceforth, in terms of the Rule 3(3) of the Rules of Business, 1973.
The PM further directed that requisite formalities should be completed in that regard, within one month.
It was further submitted that the said notification violated the order issued by the SC on June 11, 2024. And, that the same were also mala fide and had been issued to facilitate further desecration and destruction of the protected Margalla Hills National Park.
The petitioner submitted that the National Park was transferred from the Ministry of Climate Change and Environmental Coordination to the Ministry of Interior, though the latter had no connection, association or relevance with the protection and conservation of nature or national parks.
“Another element of alleged mala fide was that Mr Luqman Ali Afzal is the real brother of Mr Kamran Ali Afzal, the secretary of the Cabinet Division,” added the order.
The court noted down in its order that in view of the very serious allegations levelled against senior most bureaucrats, the court considered it appropriate to first ascertain the veracity of the said notification and the said order.
“Therefore, we sent for the learned attorney-general for Pakistan Kamran Ali Afzal, Secretary Cabinet Division, and Eazaz A. Dar, Secretary Ministry of Climate Change and Environmental Coordination.”
The court inquired from Kamran Ali Afzal if he was the brother of Luqman Ali Afzal and he stated that he was, indeed, his real brother. The court asked the official as to whether the requisite cabinet approval was sought before issuing the said order, and he stated that the same was not required as it was within the sole discretion of the prime minister, and referred to rule 3(3) of the Rules of Business, 1973 of the federal government, and produced a memorandum dated 6 August 2024, said the order.
The court also reproduced in its order the memorandum whereby the PM issued order for transferring Islamabad Wildlife Management Board to the Ministry of Interior Division.
The court inquired from the secretary Climate Change and Environmental Coordination whether protection and conservation of national parks had any nexus with the interior ministry, and he stated that he was not consulted on the matter.
“Therefore, we asked for his opinion as to whether protected national parks should be handed over to the Ministry of Interior, and he stated that that should not have been done,” added the order.
The court noted down in its order that the AG was also asked whether the Ministry of Interior or the Ministry of Climate Change and Environmental Coordination had the requisite expertise with regard to national parks, and he stated that it was the latter and that the National Park should be retained by it.
The AG, however, told the court that it appears that the PM did not receive proper advice and/or the matter was not given due consideration and requested for some time before the court initiated any action on the contempt petitions.
The court also noted down in its order that the petitioners attached photographs of banners on streetlights on Constitution Avenue and on the grilled wall of the National Assembly mentioning the Capital Development Authority and Pine City.
“The counsel states that the banners state - ‘Margalla Hills Tree Drive 2024’; however, the same is a guise for further desecration of the National Park as apparently the Pine City project is being allowed,” said the order.
The court then issued notice to the CDA, through its chairman, and the CDA was directed to make complete disclosure of the said banners and Pine City, and whether it was an approved project or is in the pipeline. Who is its owner(s) and if any other projects are being contemplated in the National Park, with or without the approval of the CDA.
“With regard to the contempt petitions, we are also concerned with the comprehension of the Secretary Cabinet Division of the Rules of Business, which he is required to strictly apply,” says the order, adding that his reliance on rule 3(3) and ignoring the established practice of seeking prior approval of the federal cabinet, coupled with the fact that he acted in a matter involving his own brother, prima facie suggests nepotism and pursuing an agenda and one which is against the interest of the citizens of Pakistan and future generations to the extent that it degrades, desecrates and/or destroys the National Park.
The court noted in its order that Luqman Ali Afzal had earlier managed to procure a ‘lease agreement’ dated 30 September 2019 from a non-entity, ‘Remount, Veterinary and Farms Directorate, Quarter Master General Branch, General Headquarters’ and in this regard was facilitated by a serving officer of the Pakistan Army, Maj. General Muhammad Samrez Salik, the Director-General of the said Directorate.
“An application (CMA No. 7541 of 2024) was subsequently filed by the Ministry of Defence of the Government of Pakistan stating that Maj. General Muhammad Samrez Salik had no authority to enter into the said lease agreement and that the same was ‘void ab initio”, says the order.
The court then adjourned further hearing until August 15 and directed that Kamran Ali Afzal, Eazaz A. Dar and, Chairperson CDA, Ch. Muhammad Ali Randhawa should ensure their attendance before the court.
Earlier, during the course of hearing, the CJP remarked that generals and bureaucrats had taken over the whole system of the country. While addressing the AGP, he said he (AGP) did not know as to how things were going on. The court had earlier ordered closure of all restaurants including Monal, operating at Margalla Hills in National Park after granting three-month time to the management of the restaurants for shifting their business to some other areas with the ruling that the matter pertains to preservation of the park that belongs to the people of the country.