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CJP summons high court chief justices to resolve CPEC-related litigation
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Chief Justice Nisar says appointments should not be made based on personal preferences, political affiliations; issues notice to ETPB chairman
ISLAMABAD: The Supreme Court on Tuesday has imposed a fine of Rs 1,000 on Punjab Assistant Advocate General Asma Hamid for failing to submit its report in the Katas Raj Temple case, while issuing a notice to Evacuee Trust Board Property (ETPB) Chairman Siddique ul Farooq.
A three-judge bench of the apex court, headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar, was conducting hearing of a suo motu notice taken on the basis of media reports that the Katas Raj temple complex pond was drying up because cement factories nearby were drawing a large amount of water through a number of drill bores, severely reducing the sub-soil level.
In addition, almost every home in Katas Waulah and Choa Saidan Shah draws water through boring due to the absence of a proper supply network. The unchecked plantation of eucalyptus saplings in the region has compounded the problem.
During Tuesday’s hearing, the top court imposed the Rs 1,000 fine on the provincial government for failing to file a report explaining the scale of water utilisation through sub-soil wells by nearby cement factories. The bench had issued the instructions to the provincial government on December 13 last year.
“These factories have consumed mountains,” the chief justice remarked. He also sought a response from the Punjab government on the export of limestone from the area.
Saqib Nisar stated that Katas Raj’s temple and pond should be restored to its original state and that if the water of the pond adjacent to Katas Raj temple is depleting because of the cement factories located close to it, then the factories should make other arrangements to get water.
“We want to resolve these problems,” the CJP remarked.
The chief justice said that the cement factories could continue to use the water in the pond for a certain amount of time but should make alternative arrangements as the SC would order the tube wells ─ used to deliver the water to the factories ─ to be closed after that period.
He ordered the factories to give the court a timeline within which they can make the arrangements.
The chief justice also questioned why Siddiqui Farooq continued to hold the position of Evacuee Trust Property Board’s (ETPB) chairman when his term had ended.
“How long will he remain in the office based on the prime minister’s favour?” the chief justice asked. “Appointments should not be made based on personal preferences and political affiliations.”
The court issued a notice to Farooq.
The bench also expressed its reservation on the absence of Punjab Chief Secretary Zahid Saeed and the chairman of the Planning and Development Commission.
‘CPEC DISPUTES TO BE RESOLVED’:
On being informed by Bestway Cement’s counsel Makhdoom Ali Khan that one of their factories was located on the path of China Pakistan Economic Corridor (CPEC), the CJP observed that several disputes were surfacing regarding the CPEC and that the court wants their resolution.
The CJP added that for this purpose he has summoned all the high court chief justices.
The bench had earlier summoned details of litigation pending in different courts concerning the ETPB. The court had also highlighted the need to conduct an audit of the funds spent on the rehabilitation of temples in different parts of the country.
During a previous hearing, the CJP recalled that the court had ordered ETPB Chairman Siddiqui Farooq to appear on every hearing.
“Land belonging to the ETPB is being sold and bought,” the chief justice said. “What is happening?”
“Why don’t we take over the ETPB?” he added. “Ramesh Kumar, will you be part of our campaign?” Chief Justice Nisar asked, addressing the PML-N parliamentarian who was present in court for the hearing.
Kumar, the head of the Pakistan Hindu Council, told the bench that in Israel, the chairman of the ETPB is a member of the minority community. In a previous hearing of the case, Kumar had regretted that the Katas Raj complex has 16 employees, all of them Muslim. The board hurriedly places idols in the temple when pilgrims come from India, but later removes them once the rituals have been completed, he had said.
“You are from the ruling party,” the chief justice said and asked Kumar why he had not attempted to form similar legislation in Pakistan.
“We cannot change the law. Do you want us to do the things your leadership could not do?” the chief justice questioned.
“Our religion and our Constitution give protection to minorities. We will hear the problems of the Hindu, Christian and Sikh communities,” he said.
