ISLAMABAD, Nov 6: Civil Judge Islamabad Wajid Hussain Mughal is likely to take up tomorrow (Monday) a petition jointly moved by 11 advocates and three citizens against fortified walls on encroached sidewalks by foreign missions in different areas of the capital.
Moved by Ali Abbas, Abid Ali Khan Yousafzai and others, the petition has asked the civil judge to order removal of illegal constructions, especially by the embassy of Uzbekistan, after declaring the construction on footpath illegal.
The Uzbek embassy through its ambassador, unknown landlord of the building on Kohistan Road in F-8/2 housing the embassy, Capital Development Authority (CDA), the ministries of foreign affairs and interior and Islamabad Capital Territory administration through chief commissioner are respondents in the public interest litigation.
The petition alleged that the embassy was building “fortresses” on footpaths, which are public property, and termed the CDA a silent spectator.
The petitioners conceded that the embassy was immune against any litigation because of section 86-A of the Civil Procedure Code (CPC), the Diplomatic and Consular Privileges Act 1972, that incorporates many articles of the Vienna Convention of 1961 and 1963, and the State Immunity Ordinance 1981. But the petition added that action can be taken under exceptions given in section 86-A (1) of the CPC.
Section 86-A (1) c states that a suit may lie against the diplomatic agent if he “indulges in any professional or commercial activity exercised by the diplomatic agent in Pakistan outside his officials functions”.
The petition said: “Since constructing fortresses on footpaths does not amount to activities inside the domain of a diplomatic agent, it is requested that this court waive diplomatic immunity.”
Citing the Vienna Convention, the petition said it required all diplomats to respect laws and regulations of the receiving state.
It stated that the encroachment in the form of fortified wall on the public land violates at least three CDA by-laws; Islamabad Building Regulations 1962, Islamabad Capital Territory Municipal By-Laws 1969 and the Islamabad Residential Sectors Zoning (Building Control) Regulation 1993. It added that the construction also infringed upon at least three fundamental rights of the citizens; privacy of home, freedom of the movement, and non-discrimination at public places.
Even if the court did not waive the diplomatic immunity, the petition said a decree could still be passed against the rest of respondents, directing them to remove the illegal construction, the petition contended.
It deplored that though the Senate’s standing committee on Interior had expressed concern over delay in shifting foreign missions to Diplomatic Enclave, so far no such shifting has taken place.