IHC directs govt to ensure judicial complex construction begins before next hearing

ISLAMABAD-The Islamabad High Court (IHC) Monday directed the federal government to ensure that all the formalities are completed and construction of state of the art judicial complex on the vacant five acre plot in the capital is commenced before the next date. 

A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah issued the directions while hearing a petition seeking direction for construction of a separate building for district courts as per population ratio in the federal capital. 

It also said that this Court records its appreciation for the response received from the federal government, particularly the worthy Prime Minister. But despite the priority given by the latter, the pace of progress is not what it ought to be.  The IHC bench also directed the Ministry of Law and Justice to plan and inform this court on the next date fixed regarding the facilities it intends to establish on the separate vacant five acre plot for the use of the litigants and lawyers. 

The court noted, “The planning and execution thereof will be subject to compliance with the enforced laws, inter-alia, the Capital Development Authority Ordinance, 1960 and the regulations made thereunder. 

“The Ministry of Law and Justice Division will ensure that before the next date fixed, the administrative arrangement of the court staff working in the Special Courts is brought in consonance with the principle of separation of the executive and judiciary,” added the bench. 

It continued that the Federal Government will either improve the working conditions of the Accountability Courts and other Special Courts established at the Federal Judicial Complex to the satisfaction of the respective Registrars or to arrange alternate buildings in order to put an end to violation of fundamental rights of the litigants and the Ministry of Law and Justice is expected to share and consult with the Islamabad Bar Council its proposed plan for establishing facilities for the litigants and lawyers on the five acre vacant plot earmarked for this purpose. 

During the hearing, Raja Naeem Akbar, Secretary Ministry of Law and Justice stated that he had visited the Federal Judicial Complex to assess the administrative difficulties faced by the learned judges of the Special Courts. 

The Secretary was not able to justify the administrative control and management over the staff working at the Special Courts. The Secretary, Ministry of Interior and the Chief Commissioner Islamabad Capital Territory also appeared. They explained in detail the progress so far made regarding construction of state of the art judicial complex in one of the five acre plots allotted for this purpose. They also gave an assurance that efforts will be made to complete the High Court building at the earliest. 

The Secretary, Ministry of Law and Justice informed that a separate five acre plot has been allotted for establishing facilities for the litigants and the lawyers. He stated that the said plot is vacant and a plan for establishing facilities for the litigants and lawyers is in the process. The title of the plot is in the name of the Ministry of Law and Justice. The court was also informed that planning and construction of a building thereon is subject to strict compliance with the enforced laws i.e. the Capital Development Authority Ordinance, 1960 and the regulations made thereunder. Two five acre plots have been allotted for construction of separate judicial complexes for the District (West) and (East), respectively. One of the plots is vacant while on the other the Islamabad High Court has been temporarily established. Keeping in view the existing number of courts, construction of a judicial complex on the vacant plot will be sufficient to meet the requirements at this stage. 

The Secretary informed that pursuant to directions given by the worthy Prime Minister, the Federal Government has given top priority to establishing state of the art judicial complex at the vacant plot so that the District courts could be shifted from F-8. 

He assured on behalf of the Federal Government that no stone would be left unturned to complete the project in the shortest possible time. He further informed that a committee would be constituted having representatives of all the concerned departments so that the construction of the judicial complex is not delayed. 

The IHC bench observed that appallingly deplorable conditions at the district courts speak volumes for the apathy and convoluted priorities of executive branch of the State since last four decades. The unimaginable inhumane working environment has a profound effect on dispensation of justice. 

Article source: https://nation.com.pk/02-Mar-2021/ihc-directs-govt-to-ensure-judicial-complex-construction-begins-before-next-hearing