Daily Times

LAHORE: Lahore High Court (LHC) Justice Shams Mehmood Mirza on Thursday issued notices to Railways Minister Kh Saad Rafique and others on a petition filed by the Royal Palm Golf and Country Club (RPGCC) management, seeking registration of a criminal case against him on account of illegally possessing the club and damaging its valuable property.

The judge sought replies from the respondents till September 1. The petitioner challenged an order of a district and sessions’ judge who had refused to order the police for registration of a criminal case against the alleged accused.

Petitioner counsel Barrister Ch Aitzaz Ahsan alleged that the Railways Police, at the behest of Minister Saad Rafique and other senior officials of the department, raided the club and expelled the management illegally. He said the railways’ authorities caused a huge loss to the club and did not bother to obey the court stay orders.

He requested the court to order the police register an FIR against Khwaja Saad Rafique and others for defying the court orders and damaging the business of the club. Earlier, the judge on July 4 had allowed the RPGCC administration to manage its services temporarily without disturbing the possession of Pakistan Railways. The judge had observed that in order to protect the integrity and standard of services, as an interim measure, sporting facilities and other services of the club would henceforth be managed by the petitioner’s club/management without disturbing the possession of the PR.

The judge had also ordered the respondents to immediately allow the management of the club to restore the sporting facilities for the members. “With consent of the parties, the finance department shall be managed by the committee headed by KPMG, a chartered accountant firm. Kamran Yousifi, the senior partner of KPMG, shall head the committee, which shall comprise RPGCCI Director Pervaiz Qureshi and finance member Ghulam Murtaza. The committee shall take decision by a majority vote. All the parties shall render full assistance to the head of the committee,” the judge had ordered on July 4.

He directed that the committee shall remit the salaries of the employees of the club, adding that the committee shall also remit the money for day-to-day affairs of the club. Earlier, the petitioner counsel submitted that the petitioner had been running the club since 2001 under a valid lease and operation agreement, known as the Implementation Agreement July 26, 2001, which was executed between RPGCCI and PR, adding that the unilateral action of railways was in violation of the terms and conditions of this agreement and the law. He said that the petitioner was running the club according to the terms and conditions set in the agreement.

He had alleged that with the help of 400 hooligans, who were posing to be officials of Railways Police, PR attacked and invaded the club after beating and forcibly detaining the guards. He also alleged that this occupation was the worst case of lawlessness on part of the government.

He had asserted that this action of the PR and the federation was without the sanction or backing of any law and without following any due process or obtaining any order from any court. He had submitted that since occupation by PR, no one was being allowed inside the club while the officials of railways were looting, plundering and destroying the valuables and equipment. He deplored that the local police authorities were unable to help, as Kh Saad Rafique was carrying out the entire operation.