RECORDER REPORT

ISLAMABAD: The Supreme Court on Wednesday directed the Inter-Services Intelligence (ISI) to specify a date to remove blockades from the main public road in front of its headquarters.

A three-member bench headed by Chief Justice Mian Saqib Nisar, however, suspended an earlier order of the Islamabad High Court (IHC) to the ISI to remove blockades and clear the main public road in front of its headquarters within a week and submit a compliance report.

Earlier, on June 22, 2018, while hearing a petition against the encroachments in the federal capital, IHC’s Justice Shaukat Aziz Siddiqui had directed the ISI to clear the portion of Khayaban-i-Suharwardy in front of its headquarters till June 29, 2018. The Defense Ministry, however, had assured the IHC that it would clear the road within four weeks.

On July 03, the IHC’ Justice Shaukat Aziz Siddiqui issued show cause notices to four officials of Defense Ministry and ISI, when they refused to sign an order sheet in which the court had incorporated an undertaking that the agency would clear barricades and encroachments on Khayaban-i-Suharwardy in a month.

Meanwhile, the Defense Ministry challenged the IHC order before the apex court on late Tuesday. The defense secretary contended before the apex court on Wednesday that the IHC had no jurisdiction to take suo motu notices, initiate suo motu proceedings and rule on such matters.

The Chief Justice noted that the IHC has no jurisdiction to take suo motu notices and suspended the IHC order.

The court directed the Deputy Attorney General (DAG) Nayab Gardezi, who was present in the court, to ask the ISI why it had erected blockades on Khayaban-i-Suharwardy and closed it, and when it will remove its blockades.

The court noted that this road was the part of Islamabad’s master plan and directed the DAG to present the master plan of the federal capital.

The Chief Justice noted that the apex court has already passed orders against encroachments on public lands all over the country.

He made it clear that these orders are also applicable on ISI. He asked the DAG to also inform the court why this road had not been opened for public use despite clear orders.

He said this road has to be opened at all costs, as its closure is causing inconvenience to the public. The DAG stated that this road was closed by ISI due to security concerns.

He said the road will be opened but there are security issues. He requested the court to allow some time to clear the road, as there are security concerns, which will have to be addressed.

He, however, stated when the road was closed, an alternative was built. He stated that the alternative road was allotted to ISI by the Capital Development Authority (CDA).

When the court asked the DAG to submit an affidavit about removal of blockades, he stated that he was unable to give any such affidavit without taking instructions from the concerned officials.

The court then noted that it had already given orders for removing encroachments and directed the DAG to take instructions and apprise the court.

Meanwhile, the court adjourned the hearing until Friday.