Islamabad: The Supreme Court has declared the decision written by Justice Athar Minallah in the case of plots of bureaucrats and judges of the higher judiciary in F-14 and F-15 as unconstitutional and an excess of powers. The 14-page decision written by Justice Ayesha Malik has been issued.
It should be noted that in February 2022, a two-member bench headed by former Chief Justice of the Islamabad High Court Athar Minallah (current judge of the Supreme Court) had declared the revision policy related to plots unconstitutional and had also said that the state’s land is not for the elite but is only for the public interest.
A three-member bench headed by Justice Muneeb Akhtar, comprising Justice Ayesha Malik and Justice Muhammad Ali Mazhar, had reserved the decision on May 21, which was issued six months later.
The detailed judgment of the Supreme Court further states that the Islamabad High Court declared the revised policy related to plots unconstitutional, which was not challenged in the High Court. On November 22, 2022, the revised policy of plots came before the court on the day the judgment was reserved.
No arguments were given on the revised policy of plots nor was the federal government heard. The Islamabad High Court mentioned the seizure of resources by the elite and judges’ plots in the judgment. The case that the Islamabad High Court said was not before it.
The High Court also suspended the allotment of judges’ plots, which was not before it. It is constitutionally unacceptable for the courts to expand their jurisdiction. Neither the Constitution nor the law allows this.
In the Taufiq Asif case, this court has held that the High Court cannot grant relief that has not been sought in the petition. The High Court cannot declare any policy unconstitutional or illegal on its own.
The Islamabad High Court has overstepped its authority and declared the revised policy unconstitutional. It is a constitutional requirement to give everyone the right to be heard under Article 10A. The Islamabad High Court should have heard all the parties before giving its decision.
The High Court can hear a matter only when there is a party present. The Islamabad High Court’s decision violated the constitution and law. Adnan Syed’s pending appeal in the Islamabad High Court is restored.
The Islamabad High Court should decide the appeal within 90 days after receiving a certified copy of the decision, without being influenced by our observations.
