Chief Justice of Pakistan Qazi Faez Isa on Monday remarked that executive and judiciary are bound to obey the orders of Supreme Court under the constitution.
Apparently the injunction was issued by the lower court against the demolishing of illegal structure in defying the top court’s order, he said.
The court referred the case of the judge who issued a stay order against the demolition of illegal structures in Margalla Hills to the Islamabad High Court (IHC). The top court asked the IHC to view if there is any need to take any action on this matter.
The Supreme Court’s bench headed by Chief Justice of Pakistan Qazi Faez Isa heard the aforesaid case. The top court withdrew the contempt of court notice against Luqman Ali Afzal, the owner of a private restaurant in margalla hills national park.
During hearing, the lawyer of Monal Restaurant’s owner pleaded that private restaurant building in Margalla Hills was demolished. We had offered that the building should be used by the government, he said. The CJP questioned that what will animals do with the building in the national park.
On the occasion the chief justice expressed annoyance over issuance of a stay order by the lower court against demolishing of illegal structure and remarked that it is so strange that Civil Judge is stopping the implementation of the orders of the Supreme Court.
The CJP questioned that if the civil judge has committed contempt of court by granting a stay order. He remarked that legal actions should be taken against such judges.
Justice Shahid Bilal noted that civil court issued an injunction on a writ petition against which the court fee was even not paid.
The CJP asked that how did the said civil judge come to know that the petitioner Ajab Gul is a grade A contractor. The same thing happens in the subordinate judiciary of the entire Punjab, Justice Shahid Bilal said, adding that lawyers don’t let the judge read the writ petition and get an injunction. The chief justice said that the judge should first see whether relief is on merit or or not. Chief Justice Qazi Faez Isa remarked that propaganda against the judiciary was being run on social media.
The restaurant’s lawyer said that my client has nothing to do with propaganda. We have vacated the place in national park, he said, adding that the writ petition against which injunction was granted was already withdrawn on October 2.
The chief justice remarked that the top court had sought report on October 1, regarding the matter and on next day petitioner Ajab Gul withdrew his case.
He questioned that if the social media platforms are for abusing institutions and judges. Whether Margalla Hills is personal land of Judges, he asked.
It was stated that by vacating the restaurant land, the employees became unemployed, the CJP noted and remarked that then the forest should be given to the woodcutters so that their business will go out.
Chief Justice Qazi Faez Isa questioned that whether the issue of commercial activities in Margalla Hills been raised in any media or Parliament.
He remarked that Zulfikar Ali Bhutto reference remained pending, no one heard. The CJP said that the decision of the elections was given in 13 days. No one criticize and raised the question of timing in the election case, he said.
The chief justice remarked that institutions are being played on social media for likes and dislikes, adding that larger thumbnails are created for this. During hearing, the court was told that Dino Valley is also belong to Luqman Ali Afzal. At this, the court served notices to its owner. Later the court adjourned the case.