Clarification

June 22, 2010
Islamabad

The Estate Office has got vacated the house situated in Sector G-6/4 from the ex-employee of the Ministry of Education after his retirement and later allotted it to the deputy secretary of Ministry of Petroleum and Islamabad Police have no role in the vacation of the house.

The previous inhabitant, Ch. Muhammad Latif, continued to occupy the government House No. 333-E, St 77, G-6/4, Islamabad, illegally after the cancellation of allotment by the Estate Office vide Notification No.333-E, G-6/4/E-IV/EO dated December 3, 2008 w.e.f. November 22, 2008 as he had retired from the government service in 2007.

Regarding a news item appeared in a section of press regarding the house, the factual position is that House No.333-E, St. No.77, G-6/4, Islamabad was allotted to Nadir Mumtaz on June 19, 2008 vide Ministry of Housing No.333-E, G-6/4/E-IV/EO (who was posted in Ministry of Petroleum & Natural Resources as Deputy Secretary in August, 2005). The allotment of the previous allottee Ch. Muhammad Latif, Accountant, Ministry of Education was cancelled vide Notification No.333-E, G-6/4/E-IV/EO dated December 3, 2008.

In the Writ Petition No.1530/2008 filed by Ch. Muhammad Latif before the Chief Justice Islamabad High Court, Ch. Muhammad Latif was ordered to vacate the premises by 10-04-2009 and he was further directed to deliver the possession to the Estate Office. This was not done by Ch. Muhammad Latif who obtained a stay from the court of the civil judge, on 13-04-2009 upon which Sajida Ahmed Ch. Civil Judge First Class, Islamabad dismissed the suit observing that the material facts of the case have been concealed in an objectionable manner and he has also flagrantly and fearlessly violated the order of the Islamabad High Court dated 09-02-2009 wherein he had himself sought time of two months to vacate the Suit premises on or before 10-04-2009. Copy of this order was sent to the Secretary Ministry of Housing and further more the plaintiff i.e. Ch. Muhammad Latif was directed to pay arrears to the Estate Office which shall be deducted from his immoveable and moveable property and he was also held liable to pay cost of Rs10,000 to the Estate Office.

Justice Asad Munir of the Lahore High Court, Rawalpindi Bench, in Writ Petition No.2347/2009 filed by Nadir Mumtaz for enforcement of the earlier order of the High Court, vide his order dated 08-02-2010 ordered Ch. Muhammad Latif to vacate the house whose possession must be handed over to the petitioner Nadir Mumtaz who has been allocated the said house vide Estat Office Notification dated 19-06-2008 and allowed the Writ Petition of Nadir Mumtaz with the direction to vacate the house within one month. The Division Bench of the Lahore High Court, Rawalpindi Bench, vide two orders in ICA No.23-2010 dated 05-03-2010 & ICA No.47/2010 dated 09-04-2010 comprising of Justice Ijaz Ahmad and Justice Rauf Ahmad Shaikh dismissed in limine the appeals of Ch. Muhammad Latif also.

Ch. Muhammad Azhar Latif Patrolling Officer National Motorway Police, son of Ch. Muhammad Latif filed two civil suits in the court of Muhammad Naseem Tarar Civil Judge First Class, Islamabad, without disclosing the facts who vide his order dated 18-05-2010 on the basis of a precedent of the Supreme Court of Pakistan rejected his stay application in both the cases against which Ch. Muhammad Azhar Latif Patrolling Officer National Motorway Police also approached the Additional District Judge Islamabad who vide his order dated 07.06.2010 withdrew the stay as Contempt of High Court against Ch. Azhar Latif is also pending before Justice Asad Munir of the Lahore High Court, Rawalpindi Bench. On 08.06.2010 the Estate Office vacated the house and Ayub, the concerned official of the Estate Office along with the Estate Office team handed over the possession of the house to Nadir Mumtaz on 08-06-2010. It is pertinent to inform that the house was illegally given on Rs.4,000 per month to Muhammad Qadeer, Muhammad Tanveer, Muhammad Nadeem Abbasi and. Zubair by Ch. Muhammad Latif since 2008 in violation of rules and the tenants have given written statement also. The entire action taken in the matter and possession of the house by Nadir Mumtaz have been done in accordance with law and as per High Court’s orders and the vacation has been made by the Estate Office and not by the Islamabad Police.

Mazhar Tufail adds: Although the Estate Office tried to narrate the ‘factual position’ apparently under pressure from the Islamabad Police and repeatedly mentioned that Chaudhry Muhammad Latif committed various illegalities whereas in fact the allotment was transferred in the name of Chaudhry Azhar Latif, son of Chaudhry Muhammad Latif.

The Estate Office has not only concealed many facts about the official position of Nadir Mumtaz but also intentionally avoided to refer to the allotment of the said house to Chaudhry Azhar Latif whereas it has already been mentioned in the story that the legal branch of the National Highways and Motorway Police (NH&MP) also got the documents, on which my story was based, verified from the concerned departments.

The clarification of the Estate Office is nothing more than an effort to give a twist to the facts and various illegalities and injustices meted out to Chaudhry Azhar Latif merely to save the illegal action of the Islamabad Police that arrested the NH&MP official in uniform, which was according to the NH&MP spokesman an illegal act.

As the report was based on official documents, I stand by my story.