LAHORE: Chief Justice of Pakistan Mian Saqib Nisar on Friday ordered high courts and subordinate courts of all four provinces to decide pending stay matters relating to railways land within two months.

The chief justice passed the direction after Railways Minister Sheikh Rasheed Ahmad complained that at least Rs123 billion of the department was stuck due to litigation before the high courts and civil courts of the country.

Ramzan Sheikh, owner of the Royal Palm Golf & Country Club, also appeared before a three-judge bench seized with a case regarding encroachment on the railway’s land.

When asked, Sheikh said the possession of the club had been handed over to chartered accountant firm M/s A.F Ferguson as ordered by the court. A representative of the firm told the court that most of the record relating to the club’s accounts was missing.

Sheikh pointed out that the record lied with the railways when it had taken over the club’s possession in 2016.

The CJP reminded Sheikh that the management would be held accountable for the benefits it took by establishing non-permissible facilities in the club like cinema house and marriage halls.

When the minister asked the court for the audit of the club, the chief justice observed that the Auditor General of Pakistan would be given this task instead of the chartered firm as it had already taken control of the club as court-receiver. The matter regarding legal status of club’s lease would be heard in Islamabad, the CJP added. On Thursday, the SC had taken over possession of the club and appointed the chartered accountant firm as court-receiver to run day to day affairs of the club and scheduled activities.

The railways minister also complained to the chief justice that he was helpless to change even legal team of the department. He said the legal advisers of the railways had got stay from the high court when their contracts were revoked.

Advocate Tahir Pervez came to the rostrum when the chief justice inquired as to who headed the legal advisers of the railways. “Why are you sticking to the post if the new management does not want to retain you?” Chief Justice Nisar asked the lawyer.

Advocate Pervez said due course of law was not adopted by the authorities before canceling his contract. He further said that the minister had no power to terminate his service. At this, Chief Justice Nisar angrily told the lawyer that the court was going to remove him. “Yes, you have the power to remove me but not the minister,” responded the lawyer.

The chief justice also told the lawyer that he knew how he had got the advisory of the railways. “Don’t force me to reveal the whole story,” the top judge cautioned the lawyer. The chief justice adjourned the matter and summoned record of the stay order passed by the LHC in favour of advocate Pervez.

Published in Dawn, December 29th, 2018