laws are only for weaker, not for powerful: IHC

ISLAMABAD, Oct 10 (Online):  Chief Justice (CJ) Islamabad High Court (IHC) Athar Minallah has remarked  breaking the law is the most sensitive issue while CDA’s law is for weak people only  and its laws become silent before the powerful.

He gave these re marks during the hearing of Naval Farms and Navy Sailing club construction case here Saturday. Babar Sattar counsel for the petitioner appeared in the court while Qamar Afzal advocate appeared on behalf of Naval Farms.

The CJ IHC remarked now should  court  initiate contempt of court proceedings against uniformed personal, It will not be good if I announce punishment for a uniformed personal. When FIR is registered then inspector or sub inspector will make investigation from Naval Chief. Counsel for Naval farms said it is a sensitive issue. Court’s proceedings will leave wrong impact.

CJ IHC remarked if it is a sensitive issue then should  we  close this  court. If this matter has become sensitive, it has not become  sensitive due to court. He further observed “ you want what. Should Naval chief be given exemption for this business. The most sensitive issue is violation of  the law. CDA  law is meant for weaker segments of society. CDA’s law becomes mum before the powerful.

CJ inquired when Babar Sattar was advancing arguments that  Naval Chief has been made patron-in-chief  of what matters. Babar Sattar told the court Naval Chief has been made patron-in-chief of water sports. The court inquired “ any body of water sports  will be there.  Babar Sattar said unfortunately there is no such body. Naval  chief has been made patron in chief of water sports.  There is no legal  position of making Naval Chief as patron in chief of water sports board. Only there is a letter of 1992 whereby the Prime Minister had released a sum of Rs 20 million to Naval Chief. The  court inquired who was in power  when this all was done.

Defense counsel replied this may have been PML-N era when the letter was issued in 1992 and funds were released in 1993 and then Benazir Bhutto was the prime minister. CJ inquired Naval Farms have been constructed alongside lake banks and now who will take over its charge. The defense counsel told the court Pakistan Navy cannot run any housing society. The CJ remarked all are doing this. IB and FIA all are doing the job of running societies. I think this high court should also form its housing society. Every institution has become involved in real estate business in this city.

The defense counsel  replied all the societies have been declared illegal. CDA laws were in conformity with master plan and they destroyed the master plan on their own. The  CJ remarked CDA weakened itself and master plan  was ruined. Law is meant for only weaker. There is no supremacy of law in Islamabad. If there is no rule of law in this 1400 square miles area then there will be no rule of law in the entire country.  Such societies  are ruined where there is no rule of law.  Poverty reigns in these societies above all.

The counsel for Naval farms requested the court to decide first of all about the maintainability of this petition. It is my objection this is not maintainable. The court inquired how much expenses were incurred on Naval Sailing club. The counsel Qamar Afzal told the court  we will have to ascertain about the expenses. The court remarked “ Qamar Afzal Sahb what reference you are giving it is going against you. The  court while giving time to counsel for Naval farms for preparation of case adjourned the hearing of the case till October 17.

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