Chief Justice Iftikhar Chaudhry on Monday told a petitioner that his plea against the expansion of the US embassy was prima facie and not justiciable. The CJP was heading a three-judge Bench with Justice Gulzar Ahmed and Justice Azmat Saeed, over a constitutional petition moved by Barrister Zafrullah of the Pakistan Watan Party.
The Bench told the petitioner to satisfy his stance with relevant precedents involving affairs between the two states. The CJP told the petitioner that the issue was directly related to foreign relations so they could not inquire into it under Article-19 of the Constitution. He advised the petitioner to assist the court with relevant precedents, if any.
Zafrullah referred to the Vienna Convention by arguing that state land could not be given for the expansion of a foreign embassy in a way that was related to the security of a country.
The CJP said that persons, who had given the land, were more responsible than him. The foreign issues are settled by framers of foreign policy, he added.
Justice Azmat said the issue was between two states. “Did it not happen anywhere in the world? Would it be justiciable for the Court to interfere?” he asked.
