ISLAMABAD: The Islamabad High Court (IHC) has scrapped the proposed extension of Polyclinic on the Argentine Park.

On Friday, IHC Chief Justice Athar Minallah announced a verdict in a pro bono public petition, which stated: “This court has no hesitation in declaring that the decision to convert the use and purpose of 2.5 acres of the Argentine Park for the extension of the hospital is ultra vires the Ordinance of 1960 (CDA Ordinance), The Act of 1997 and in blatant violation of the fundamental rights of the public guaranteed under the Constitution.”

“Even otherwise Argentine Park could not have been converted for any other purpose let alone extension of the hospital. The decision was contrary to the principles of the law enunciated by the apex court. The purported conversion of Argentine Park is therefore declared as illegal,” the court declared.

Justice Minallah allowed the petition and directed the federal government as well as the Capital Development Authority (CDA) to restore Argentine Park for the public.

Court verdict says decision to convert use of Argentine Park violates CDA Ordinance, fundamental rights

The petitioner’s counsel, Dr Mohammad Aslam Khaki argued that the hospital plan calls for occupying about 20 canals of the Argentine Park, situated opposite the Federal Government Services Hospital, commonly known as Polyclinic.

The petition said the addition of yet another hospital, by encroaching upon the park in a densely-populated area with health and traffic issues, would further aggravate problems with health, traffic and the lack of entertainment.

It added that even if health facilities must be provided to people close to home, there is already a concentration of hospitals in the central part of Islamabad, including Polyclinic, the CDA Hospital and the Pakistan Institute of Medical Sciences in addition to a number of private hospitals.

The park in question was named after Argentina on May 25, 1973, in recognition of the country’s support for Punjab in the United Nations Security Council and the UN General Assembly in the backdrop of the 1971 war.

Dr Khaki said the government of Argentina funded the development of the park as a gesture of friendship between the people of both countries.

It was developed to provide a green, healthy environment to local residents as well as those visiting patients at Polyclinic.

If the park is abolished, counsel argued, it would “deprive the people and families, especially children, of their right to physical exercise, morning walk and to relax and enjoy clean oxygen-laden air.”

He said the destruction of the park would also hurt feelings in Argentina, which gifted it to citizens of Islamabad.

As for the cancer hospital, the petition suggested the government could build it elsewhere, such as in the Rawal Lake area, Bhara Kahu, Tarnol, E-11 or even F-9 Park.

Counsel said the people of areas such as Bhara Kahu, Tarnol, Sangjani and Rawat have to travel long distances for medical treatment.

These outlying localities are discriminated against in the allocation of funds for health facilities and deserve to be looked after, he said.

Published in Dawn, July 6th, 2019