ISLAMABAD: The highly controversial decision of the Federal Government Employees Housing Authority (FGEHA) to offer plots to judges of the superior judiciary in Sector F-14 and F-15 of Islamabad has been overlooked by the government, despite being in clear violation of the Islamabad High Court (IHC) decision.
While the media has brought attention to the issue, the government has largely ignored it.
When questioned about the matter, a senior official from the FGEHA insisted that offering plots to judges of the superior judiciary is within the bounds of the law and policy, claiming no violation of the IHC decision.
However, the official conveniently ignored the relevant part of the judgment that invalidated the government’s revised policy of granting land in the federal capital at subsidized rates to top judges, lawyers, and bureaucrats.
According to the FGEHA official, judges from various courts of the superior judiciary were offered the opportunity to apply for plots in Sectors F-14 and F-15 of Islamabad under the reserved quota for members of the superior judiciary.
Interestingly, the IHC order clearly stated that assets acquired by the state through eminent domain should be used for the benefit of the public and in the public interest.
The IHC ruling declared the revised policy and the associated scheme for sectors F-12, G-12, F-14, and F-15 as contrary to the public interest and in violation of constitutionally guaranteed rights.
Besides, the court deemed them illegal, unconstitutional, void, and without jurisdiction.
Furthermore, the IHC stated that neither civil servants nor judges, nor employees of other entities, could claim government land at prices lower than the prevailing market rates.
In a 64-page judgment authored by former IHC Chief Justice Athar Minallah in 2021, it was emphasized that judges hold an esteemed position and have a duty to serve the people.
Journalist Hasnat Malik, associated with the Express Tribune, brought attention to the FGEHA’s offer of plots to IHC judges.
He reported that a three-judge special bench of the Supreme Court was hearing the petitions filed by the FGEHA and others against the IHC judgment.
While the Supreme Court bench has yet to suspend the IHC ruling, the FGEHA proceeded to offer plots to the judges.
According to Malik’s report, the case hearing has been adjourned until the end of the summer vacation.
Despite the matter being sub judice, the FGEHA wrote a letter to the IHC registrar requesting the submission of registration forms for IHC judges for the allotment scheme.
The letter indicated that the allotment and quota policy for the scheme was approved by the executive committee of the former Federal Government Employees Housing Foundation.
Moreover, it also stated that judges from the superior judiciary, including the Supreme Court, high courts, Federal Shariat Court, and courts of Azad Jammu and Kashmir and Gilgit-Baltistan, were eligible for plot allotments.
Although the FGEHA received only two applications from IHC judges, the registration process was carried out based on the aforementioned policy.
Source: The News
