ISLAMABAD: Islamabad High Court (IHC) on Tuesday empowered the Federal Investigation Agency (FIA) and the Capital Development Authority (CDA) to proceed against a private hospital for allegedly encroaching state land.

The court dismissed the petition filed by Shifa Hospital against the inquiry/investigation initiated by FIA in connection with construction of a medical college on encroached land.

The petitioner’s counsel had contended that the petitioner had constructed the building in accordance with the approved plan and had not committed any illegality. Whereas, minor irregularities were concerned, the counsel said, they could be regularised by the CDA.

He had further said that as the petitioner was not a public servant, as defined in section 21 of Pakistan Penal Code, the FIA had no authority to conduct an inquiry or issue notices to it.

On the other hand, Assistant Attorney General Saqlain Haider, assisted by the FIA officials, contended that the agency had initiated the formal inquiry in accordance with law and had issued notices to the petitioner to provide record and necessary information as there was a source report which showed that the petitioner had committed violations in connivance with some CDA officials and inflicted loss to the public exchequer and also encroached upon government land.

He further stated that the entire proceeding had been conducted in accordance with law.

The counsel for the respondent, CDA, had contended that as the petitioner had violated the terms and conditions of the allotment as well as other by-laws of the civic authority and had also encroached upon government land, show-cause notices were issued.

The FIA had submitted that the source report was received wherein it was mentioned that the petitioner had raised the medical college building on the illegally-occupied land of the CDA in connivance with the officials concerned.

Justice Jahangiri observed that no interference should be made in the course of investigation being conducted by the law enforcing agencies and also authorised the CDA to take action on the violations and irregularities.

Subsequently, the FIA is directed to complete the inquiry pending against the petitioner and initiate further proceedings if required. The CDA, on the other hand, is directed to decide any petition filed by the petitioner on the revised layout plan at the earliest in accordance with law.

Published in Dawn, February 17th, 2021