SC confounded by treatment of 1-11 slum dwellers

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Islamabad August 31 (Online): The Supreme Court on Monday maintained the stay order in the case of demolition of slums of capital and hired the services of former government officials Tasneem A Siddique to evolve fact-based policy and implement able suggestions for foolproof security arrangements and resolution of the issue within two weeks and adjourned the case till next Monday.

The court also directed the federation and provinces to convene a meeting under the chair of Secretary Law to formulate practicable suggestions about homeless people across the country and submit a report in the court at the end of current judicial week. 

A three-member bench of apex court headed by Chief Justice of Pakistan (CJP) Justice Jawad.S.Khawaja and comprised Justice Dost Muhammad Khan and Justice Fiaz Esa heard the case.

During the hearing CJP in his remarks said that there would be no separate policy for influential and weak persons. The lands were illegally occupied under the nose of Capital Development Authority (CDA). 

The persons living for more than three decades were made homeless while Afghan national have been provided other facilities including houses. The government was not fulfilling its responsibilities regarding basic human rights under articles 9, 14 and 38 of constitution. The people were not given residential facilities.

Justice Faiz Eas, member of three bench of apex court in his remarks said that we have recognized the stance of government regarding setup of military courts despite this case of terrorism has been registered against common people.

Justice Dost Muhammd in his remarks questioned that dwellers of slums of sector I-11 were the activists Talaban, Daish and Lashark-e-Jhangvi that cases were registered against them under the acts of terrorism. No legal action was taken against the persons who illegally occupied the red zone of capital.

He further remarked that action was taken against dwellers of slums adding that political parties promised with the people to give them homes and got their votes but they did not fulfill their promise. The influential were allegedly involve in evocation of sector I-11.

CJP in his remarks said that CDA would be inquired whether it was obeying the constitution or not. CDA would be told that articles 9,14 and 25 were the part of constitution and it had abolished the possession illegally.

Justice Dost Muhammad during the hearing inquired what was the area of one-room house and you have registered a case of terrorism against them, whether any case was registered prior to unoccupied them. 

Hafiz S.A.Rehman appeared before the court. Justice Dost Muhammad inquired that all the arrested terrorists have taken into custody in the posh areas or I-11 slum of capital.

On this Assistant Advocate General (AAG) Amir Ahmed Khan informed the apex court that case was not registered against them before the demolition of slum of I-11. CJP said that a news item was published in local newspapers about the registration of case against five persons.

Chief Commissioner Islamabad informed the court he was not appearing before the court in slum case and he has no concern with forest case and have no knowledge of location of Lohi Bher.

The counsel of applicant informed the court that operation was conducted with the permission of top officials and warned the residents of slum three or four times and three or four hours were given. 

Negotiations were also held with residents of slum including Mattiqi, Abdullah, Saleem Khan and Nasir Khan and requested to evacuate the land, but they refused. When the CDA personnel started operation against them, some miscreants hidden in the slum along with other allies which were approximately two thousand pelted stone on police and started straight firing on them. 

As a result some police personnel were injured. Media persons were also sustained injuries and government officials were make hostages. Justice Faiz Esa said that if all these were accepted true then case cannot be registered under terrorism acts.

The court asked Director enforcement of CDA where dwellers of slums have been shifted, he informed the court the we have provided them transport facilities and send them at the places of their choice. 

During the hearing Tasneem Ahmed Siddiqui appeared before the court and informed the court about slums of the country. He also told the court that land has been allocated for some people in the area of Ali Pur Firash and added that Aiyashana housing scheme of PM Nawaz Sharif was not for common people. Low income people cannot purchase housing unit in it.