In a suo motu case pertaining to constructions at Pakpattan shrine’s land in 1985, the Supreme Court on Tuesday issued a notice to then Punjab chief minister Nawaz Sharif, seeking explanation for the executive order that paved the way for sale of Auqaf Department land at the shrine premises.
A three-judge bench headed by Chief Justice of Pakistan Justice Mian Saqib Nisar heard the case. The hearing on Tuesday featured a brief but heated exchange between the CJP and the Punjab’s additional advocate general Iftikhar Gilani, who is also the lawyer of Dewan Ghulam Qutb.
Qutb had bought the land in question in the 1980s.
During the hearing, the lawyer told the bench that 8,000 kanal Auqaf land at the Pakpattan shrine was sold Dewan Ghulam Qutab in 1985. However, he said, later the Auqaf Department declared the land a charitable endowment, and a court judgment was also passed in this regard. Justice Nisar followed with a barrage of questions. He asked if permission was given for construction of stores on the Auqaf department’s land 29 years ago, seeking details of laws under which it was done. When the CJP asked the lawyer about the Auqaf secretary was in 1985, noting that a notice would be issued to the secretary, he was informed that then Auqaf secretary had passed away.
To the CJP’s question about the law under which the notification was revoked, Iftikhar Gilani said, “The land was taken back as per the same authority under which it was given. After 29 years, the top court is stating that the notification was unconstitutional.” In response, the CJP said, “Supreme Court has the authority to say that since it is the protector of the Constitution.”
The lawyer corrected the court and said that the people of Pakistan were the protectors of the Constitution and the Supreme Court was also answerable to the law and the Constitution. Subsequently, the CJP asked Gilani to lower his voice and mind the way he was speaking. Gilani replied by requesting that the CJP should not hear his cases. The CJP refused to entertain the request, saying that he would hear the cases. He added, ” Whenever you come to court you attack it and think that judges are your children.” The lawyer said that if the court sought to issue notices on the matter it should do that for all such properties in the country. “There are 8,000 such people.” Justice Nisar said notices would be issued to everyone. However, the bench then issued a notice to former premier Nawaz Sharif and adjourned the hearing for an indefinite period.
Published in Daily Times, October 10th 2018.
