ISLAMABAD: The Islamabad High Court (IHC) on Tuesday expressed displeasure with the Capital Development Authority (CDA) for “selective enforcement of law” and summoned the defence secretary in connection with encroachment on Margalla Hills National Park (MHNP) by the new General Headquarters (GHQ).

IHC Chief Justice Athar Minallah was hearing a petition filed by an affected villager against ‘illegal’ construction of a boundary wall around the Defence Complex in the protected MHNP.

During the course of hearing, the CDA’s lawyer Hafiz Arfat Ahmed Chaudhary appeared in the court with Irfan Aziz Khan, director general (environment), Faisal Naeem, director (building control), and Afnan Alam, director (land and rehabilitation), of the CDA.

The CDA officials told the court that no permission/authorisation was obtained from the authority for construction of the boundary wall.

No permission was obtained by new GHQ for boundary wall around Defence Complex, CDA tells court

They were not sure whether construction of the wall had taken place outside the specified area allotted for the Defence Complex.

In response to the court’s query, the CDA officials confirmed that no building plan had yet been approved for undertaking construction within the area specified for the Defence Complex.

Last week the court had ordered a halt to the construction of the boundary wall.

On Tuesday Lt Col Kafeel, director (legal), appeared in the court on behalf of the Ministry of Defence. He told the court that the construction of the wall had been stopped. However, he did not explain how construction had been initiated in the protected area.

“The Secretary, Ministry of Defence has been directed to appear in person and explain under what law construction has been initiated and why the IHC judgement that barred the construction in the MHNP was violated by the branches of the armed forces i.e. Army, Air Force and Navy,” the court order said.

The court also directed the defence secretary “to inquire as to who had authorised construction of the wall and to undertake other activities in violation of the laws enforced within the Islamabad Capital Territory.”

The CDA chairman and the interior secretary were also directed to appear in the court and satisfy it as to why proceedings might not be ordered against those officials who had consistently failed in their constitutional obligations to take action against those who violated the enforced laws/regulations and thus infringed fundamental rights of the general public.

The court order noted: “It has consistently been observed in its judgments regarding absence of rule of law within 1400 square miles of the Islamabad Capital Territory and prevalence of elite capture.”

“Selective implementation of enforced laws is intolerable in a society governed under the Constitution. It has become obvious to the Court that public functionaries enforce the laws to the extent of ordinary citizens while the privileged and powerful enjoy immunity.

“The impunity enjoyed by some classes is the worst form of undermining rule of law by the State and its functionaries. This phenomenon is subversion because the Constitution is based on the premise of equality of all citizens before the law. No one is above the law nor anyone can claim exemption from being held accountable when laws are violated,” the court order read.

The defence secretary, the CDA chairman, and the interior secretary were directed to submit their affidavits before January 11, 2022.

Published in Dawn, December 29th, 2021