LAHORE: The Lahore High Court on Tuesday issued notices to the federal government and Railways Minister Khwaja Saad Rafiq on a petition filed by Royal Palm Golf and Country Club management against “illegal occupation” of the facility by the railways administration.

Supreme Court Bar Association President Barrister Syed Ali Zafar represented the club during hearing of the petition before Justice Shams Mahmood Mirza.

In his initial arguments, Barrister Zafar said this was the worst case of lawlessness by the government in which the railways police in ‘qabza group’ (land mafia) style action invaded the club and after beating and detaining the guards posted there, unlawfully occupied the premises.

He said the action of the railways and the federal government was without the sanction or backing of any law and was taken without following any due process or obtaining any court.

He stated that no one was being allowed inside the club while the officials of railways were looting, plundering and destroying the valuables, including equipment. Local police authorities were unable to help because the entire operation was being carried out by the government through railways minister, he said.

Barrister Zafar said the club was being run since 2001 under a valid lease and operation agreement, which was executed between Royal Palm and Pakistan Railways and the unilateral action of railways was in violation of the terms and conditions of the agreement and the law.

The counsel further submitted if the government wanted the management to vacate the club, it could only be done through a proper and due process in and by a court of law.

He pleaded that the government took the law in its own hands and with mala fide intentions bypassed all procedures of law. He claimed that more than 3,000 members and thousands of employees were not being allowed inside the club at the government’s behest.

Justice Mirza, after hearing the arguments, issued notices to the government and railways officials, including minister Khwaja Saad Rafiq and the capital city police officer (CCPO) and directed them to file replies before the court by July 4.

On the application for the restoration of the club’s possession, the judge indicated that the question of re-possession would be decided after hearing the other side.

Meanwhile, Civil Judge Nadeem Ahmad issued notices to the railways minister and others on the club’s application, seeking contempt of court proceedings against the respondent authorities.

The management stated that the government’s action amounted to contempt of court as the matter was already sub judice. The judge issued notices for July 12.

SC upholds civil judge’s reinstatement

A full bench of the Supreme Court on Tuesday dismissed an appeal of the Lahore High Court registrar and upheld reinstatement of a civil judge.

Civil Judge Qurban Ali was dismissed by the Lahore High Court (LHC) Administration Committee on account of his failure in the departmental examination. The Punjab Subordinate Judiciary Tribunal had reinstated the judge while allowing his appeal. The LHC registrar challenged the decision of the tribunal before the apex court.

Representing the judge and defending the Punjab Subordinate Judiciary Tribunal, Advocate Hafiz Tariq Nasim contended that high court’s attitude and conduct was discriminatory. He said what the high court did was that it failed civil judge Ali and passed some other civil judges who stood on a par with him and had secured same numbers in the departmental examination.

Additional Advocate General Punjab Khalid Khan told the bench that the decision of sacking the civil judge had been taken by the Administration Committee of the LHC and out of that committee many judges had been elevated to the apex court.

He could not justify as to why civil judge Ali had been failed and other judges passed by that committee of the high court.

The full bench headed by Chief Justice Anwar Zaheer Jamali dismissed the appeal of the registrar and upheld the reinstatement of civil judge.

Published in Dawn, June 29th, 2016