The Federal Constitutional Court has rejected a plea seeking to halt the Capital Development Authority’s (CDA) ongoing operation against encroachments in Islamabad’s Bari Imam area, directing the petitioners to approach the appropriate legal forum. Following the court’s observations, the residents withdrew their petition.
Plea to halt Bari Imam operation rejected, petitioners asked to approach proper forum
ISLAMABAD, Apr 30 (APP):The Federal Constitutional Court has rejected a plea seeking to halt the Capital Development Authority’s (CDA) ongoing operation against encroachments in Islamabad’s Bari Imam area, directing the petitioners to approach the appropriate legal forum. Following the court’s observations, the residents withdrew their petition.
A two-member bench headed by Justice Aamer Farooq heard the case filed against the CDA operation in Bari Imam. During the hearing, the court advised the petitioners to approach the high court, observing that the matter would be better addressed by the relevant forum.
Counsel for the residents argued that if the operation was not stopped, all houses would be demolished before a decision could be obtained from the high court. In response, Justice Aamer Farooq remarked that the court should not be asked to pass any observations and that pursuing the proper legal course would be in the petitioners’ best interest.
The counsel further submitted that a request for an early hearing had already been filed before the high court but had not been taken up. The court, however, refrained from making any observations on this point as well.
During the proceedings, Justice Aamer Farooq also questioned under which law a single judge could form a committee in chambers and whether a high court judge had the mandate to constitute such committees. The counsel responded that the CDA had previously formed a similar committee.
The petitioners’ lawyer requested the court to direct the high court to decide the matter expeditiously, but the court rejected the request, reiterating that the petitioners should pursue the appropriate legal remedy without seeking observations from the constitutional court.
Subsequently, in light of the court’s remarks, the residents of Bari Imam withdrew their petition. The petitioners had challenged a decision of the Islamabad High Court’s division bench, which had suspended a single bench order restraining the operation.
