Courts to be shut if govt does not want to enforce orders: SC

[sonicboom]

Courts to be shut if govt does not want to enforce orders: SC

By Sohail Khan
ISLAMABAD: The Supreme Court on Friday observed that if the government does not want to implement the judicial orders in letter and spirit, then the courts would be shut down.

A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Tariq Parvez and Justice Ghulam Rabbani was hearing a suo moto notice pertaining to non-implementation of its order for demolition of illegal constructions in the F-9 Park.

Expressing annoyance, the chief justice said instead of punishing the former CDA chairman Kamran Lashari, he was awarded and appointed as a chief secretary. He asked the Establishment secretary who had moved the summary for the appointment of Lashari as the chief secretary.

The CJ told the secretary that it was his duty to inform the higher authorities about the court’s decision as well as the inquiry against Lashari. The court noted that despite its clear orders against Lashari, the government awarded him by appointing him as the chief secretary Sindh.

The court directed the Establishment Division Secretary Ismail Qureshi to proceed against Lashari for giving permission of illegal constructions in the F-9 Park, commonly known as the Fatima Jinnah Park, and submit compliance report within two days.

The court, in its June 4, 2010 judgment, had directed the CDA to demolish illegal constructions in the F-9 Park. The court had also directed action against the former CDA chairman for giving permission for illegal constructions within three months but the government, instead of taking any action against Lashari, appointed him as the chief secretary Sindh.
CDA Chairman Imtiaz Inayat Ellahi and Secretary Establishment Division Ismail Qureshi appeared before the court on notice. CDA’s counsel Afnaan Kundi argued that the CDA had fully implemented the court’s decision.
Ismail Qureshi submitted that an inquiry officer was appointed after the issuance of judgment who, he said, had recommended action against Lashari in his report.The Establishment secretary said he had not moved the summary for Lashari’s appointment but the summary was moved by the higher authorities.

The court then directed him to proceed against all the CDA officers, including Kamran Lashari, who had violated the rules by allowing illegal constructions in the F-9 Park within two days and submit the report on September 20.

The court, in its judgment, had stated that perusal of the documents made available to the court abundantly makes it clear that Kamran Lashari, the former chairman CDA, in violation of the constitutional provisions, the CDA Ordinance 1960 as well as other rules and regulations on the subject, granted lease for 33 years of government land at a very nominal lease money to a fast food outlet in a non-transparent manner, undoubtedly, with the connivance of other officials of the CDA, therefore, they all deserve to be dealt with strictly for misconduct, departmentally as well as by instituting both civil and criminal action against them, so that it may serve as a deterrent for likeminded persons, who discharge their duties without adhering to the relevant provisions of the Constitution and the law.

Courts to be shut if govt does not want to enforce orders: SC