Govt not seen anywhere: SC
 

ISLAMABAD: Justice Sheikh Azmat Saeed of the Supreme Court on Wednesday observed that in Pakistan the federal government is not seen anywhere.


A two-member bench of the apex court, comprising Justice Sheikh Azmat Saeed and Justice Ijazul Ahsen, while hearing a suo moto case regarding illegal construction on the Margalla Hills and illegal cutting of trees, expressed annoyance over the government?s failure over non-removal of encroachments from the area as well as not complying with the court?s orders on the matter.


The apex court took a strong exception to the failure of the federal government in ensuring removal of encroachments within the Margalla Hills National Park (MHNP) as well as violating its order of 2016, imposing a ban on illegal construction in the vicinity.


During the hearing, Justice Sheikh Azmat Saeed said the government has many other duties apart from politics, if it fails many will point the finger at it. There are many other matters where the government needs to be careful.


He questioned as to whether the government will enter into an agreement for erasing illegal construction. The judge posed the question after counsel for the Capital Development Authority, Munir Paracha, told the court that the operation for erasing illegal construction could not be carried out as majority of the police force was engaged in the Faizabad dharna.


Justice Ijazul Ahsen, another member of the bench, questioned as to what the police did where it was available. He said that instead of taking strict action against the illegal construction, the volume of such construction has been increasing day by day. The counsel for the CDA, however, said that there was strong resistance when the authority takes action, saying that without the police force, the operation cannot be launched.


Justice Sheikh Azmat Saeed asked the counsel as to whether for removing illegal construction; the government will need to enter an agreement. ?Finally you will say that Army be called out,? Justice Azmat added.


He said that whosoever could not render his duties should resign and go home. ?The day I failed to render my job, I will resign then,? Justice Azmat remarked Addressing Tariq Fazal Chaudhry, Federal Minister for Capital Administration and Development Division (CADD), Justice Azmat said the judges could not vacate the Margall Hills with sticks but implement the law.


?Apart from politics, the government has some responsibilities which has to be rendered and upon failing, criticism will be made,? Justice Azmat told the federal minister. He further said that if the government is not interested in removing the encroachment then pass the law to legalise the illegal construction.


The judge said that the court poses confidence in the government, but the government seems not to trust the court. Tariq Fazal Chaudhry, however, sought one week time for submitting before the court a comprehensive action plan for the operation which the court accepted and adjourned the hearing for December 7.


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