ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa observed on Monday that state institutions are being played with to get likes and dislikes on social media, adding that big thumbnails (visual and written titles to promote video on social media) are being created.A three-member bench of the apex court headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan heard a contempt case against owner of a restaurant, Luqman Ali Afzal, for allegedly running a propaganda on social media against the Supreme Court judgement delivered on June 11 related to commercial activities on and around the Pir Sohawa road in the Margalla Hills National Park.
The court sought details pertaining to ownership document as well as building approval of a housing society situated in the national park. During the hearing, Umer Gillani, counsel for Wildlife Management Board, and Hameed Khan, a Golra Village resident, also appeared before the court.
Hameed Khan, an environmental activist, had filed an application in the case for protection of Margalla Hills, through Umer Gillani, contending that a housing society in C-12 is encroaching upon the Margalla Hills land. He also placed a number of photographs on the court’s record to prove that.
He had also pointed out that the Capital Development Authority (CDA) itself admitted in a recently filed report that the society was illegal; however, the CDA failed to take any action against the housing society.
The court when asked Umar Gillani as to why state machinery seems paralysed in the face of blantant illegalities? The counsel informed the court that according to his client, this was because Khalid Mahmood Bhatti, owner of the enjoyed the patronage of former ISI DG Lt Gen (retd) Faiz Hameed.
The counsel further submitted that the society had illegally occupied 78 kanals of the forest department’s land. He submitted that in lieu of the decision related to the “stone crushers case, a bench headed by former Chief Justice Saqib Nisar, they have taken 112 kanals of land, adding that by declaring their ownership, they have also illegally constructed hundreds of houses there.
At this, the court issued notices to the CDA and Islamabad chief commissioner seeking complete details pertaining to ownership document as well as building approval of the society situated in the National Park at Margalla Hills. The court also withdrew contempt notice against the restaurant owner but issued him notice pertaining to his ownership of an amusement park in the same area.
The court also sent Islamabad High Court chief justice the matter of the Civil Judge Inamullah who gave an injunction against the demolition of the illegal buildings in Margalla Hills. The court declared that the IHC should see if there was any need to take any action on the matter.
At the outset of hearing, Chief Justice Isa remarked whether social media was meant to slander institutions and judges. He questioned as to whether the issue of commercial activities in Margalla Hills has been raised in any media or Parliament.
“Guns are turned towards the judges only,” the CJP remarked, adding that if their order is wrong, it should be criticized instead of attacking the institution. During the hearing, Ahsan Bhoon, counsel for Luqman Ali Afzal, appeared before the court and submitted that his client had offered to bring the building of the restaurant to government use instead of demolishing it.
Referring to the action of Islamabad civil judge Inamullah, who was convicted of issuing an injunction against the Supreme Court’s order to demolish the illegal buildings in Margalla Hills, the CJP questioned as to how a civil judge could stop the implementation of the apex court orders.
“Has he not insulted the court by issuing the injunction,” the CJP asked, adding that action should be taken against such judges. Justice Shahid Bilal observed that the civil judge had issued the injunction on a claim while the court fee for the claim had not been collected. The judge noted that this claim was not admissible without payment of court fee.
The CJP questioned as to how did the civil judge know that petitioner Ajab Gul was an A-category contractor? Justice Shahid Bilal remarked that the same thing happens in the entire subordinate judiciary of Punjab, adding that the lawyers do not even give the judge a chance to read the claim and take orders from him.
Ahsan Bhoon contended that his client had nothing to do with this propaganda, so his client vacated the place as per court’s order. He further submitted that several applications were also filed to hear revision applications against the decision related to Article 63 A of the Constitution, but this case was fixed for hearing after two and a half years.
The CJP, however, observed that the presidential reference regarding the execution of former Prime Minister Zulfikar Ali Bhutto was also pending here for many years but no one heard it. “Will there be decisions based on gangsterism in Parliament, judiciary and media,” the chief justice questioned.He further said that the decision of the case related to general elections was issued in 13 days and no one abused the decision of the same court to hold general elections, no one questioned the timing in the election case.
During the hearing, Additional Advocate General Khyber Pakhtunkhwa told the court that the amusement park located in the hills of Margalla is also owned by Luqman Ali Afzal. Meanwhile, the court issued notice to Luqman Ali Afzal and adjourned further hearing for a week.
