Chief Justice: Death threats to judges are now seen as freedom of expression

Chief Justice: Death threats to judges are now seen as freedom of expression

Chief Justice Qazi Faez Isa remarked that issuing death threats against the Chief Justice is now shockingly considered freedom of expression.

During the hearing of the case related to Margalla Hills National Park and the removal of the Chairman of the Wildlife Board, Chief Justice Qazi Faez Isa commented that if one wants to issue death threats to the Chief Justice, then it is considered freedom of expression.

At the start of the hearing, Chief Justice Qazi Faez Isa expressed his anger towards Cabinet Secretary Kamran Ali Afzal, stating, “Why shouldn’t charges be framed against you? Tell the truth—who is behind the notification regarding the Chairman of the Wildlife Board? On whose orders was it issued?”

In response, the Cabinet Secretary said that the Prime Minister had issued the orders for the Chairman’s removal. The Chief Justice remarked that the Cabinet Secretary was blaming the Prime Minister to save his brother, pushing the Prime Minister under the bus.

He further noted that after the court’s order on Margalla Hills, propaganda against the Supreme Court began, and questioned who was behind this propaganda when the order was issued with the consent of all parties. He further asked where his brother Luqman Ali Afzal was, to which the Cabinet Secretary replied that he did not know.

The Chief Justice further questioned why a propaganda war was being waged against the Supreme Court.

The court expressed concern over the absence of lawyers Makhdoom Ali Khan and Salman Akram Raja, remarking that senior lawyers quickly appear to obtain stay orders but are not seen afterward.

The Chief Justice later inquired about the ownership of Margalla Hills National Park, stating that the National Park is a gift from God.

The Supreme Court admonished the Chairman of the Capital Development Authority (CDA), asking if he had seen the advertisements for private housing societies. The Chairman of the CDA responded that he had not seen the advertisements before, but took action once the matter came to his attention.

To this, Chief Justice Qazi Faez Isa remarked that advertisements for private societies are plastered all over Constitution Avenue, and questioned when the CDA would take action—only after the public is swindled by these societies? The CDA Chairman responded that the private housing society falls within Khyber Pakhtunkhwa.

The Chief Justice remarked, “Why shouldn’t we indict you for contempt of court? Advertisements for housing societies are displayed in various places in Islamabad.”

The lawyer for the private housing society, Shah Khawar, stated that their society is in Khyber Pakhtunkhwa, and admitted that dozens of advertisements for their housing society were displayed in Islamabad. He added that a CDA officer contacted the owner of the society seeking sponsorship.

Chief Justice Qazi Faez Isa inquired which CDA officer made contact. The lawyer responded that he was unaware. The Chief Justice then questioned how they were building a society in Margalla Hills. The lawyer replied that his client started the project on his own land. The court asked for the land ownership documents. The lawyer for the housing society stated that his client has the ownership documents.

The Chief Justice instructed the lawyer to summon his client.

Justice Qazi Faez Isa later remarked that a case regarding Margalla Hills was also brought up in 2018, but it was suppressed due to the long reach of certain individuals. He noted that the Ministry of Interior, Ministry of Cabinet, Ministry of Climate Change, and CDA are involved in the Margalla Hills matter.

Later, lawyer Shah Khawar informed the court that his client would reach the Supreme Court within an hour and a half, and that his client had already left Swabi.

The Chief Justice inquired about the name of his client. The lawyer responded that his client’s name is Sadiq Anwar. The Chief Justice asked for the full name, to which the lawyer replied that his client’s full name is Captain Sadiq Anwar.

Justice Qazi Faez Isa then asked if the court should issue a contempt notice to his client as well, questioning why his client wrote GHQ in his address and did not include “Retired” with his name, implying that his client might be giving the impression that the housing project is associated with the military.

The Chief Justice remarked that everyone in this country has their own agenda

Chief Justice: Death threats to judges are now seen as freedom of expression
Chief Justice: Death threats to judges are now seen as freedom of expression

After the break, Justice Qazi Faez Isa commented that everyone in this country has their own agenda, noting that while the entire government is present in court today, they seem unaware of anything. He stressed the need to protect the National Park as a whole, and the Attorney General acknowledged that the beauty of Margalla Hills is indeed significant.

The Chief Justice further remarked that the country is now in the hands of the land mafia, and that the Supreme Court had first pointed this out, sending back those who had held positions illegally for 10 years. He added that there was an uproar when people were sent back, with accusations against the Chief Justice. He emphasized that while he believes in freedom of expression, he does not tolerate personal attacks or abusive language.

He warned that while no action has been taken against anyone so far, if the Cabinet Secretary does not tell the truth, he will face consequences. He also stated that he has never acquired a plot of land illegally and only purchased land with his own earnings.

The Chief Justice further remarked that anyone can now grab a camera and start a YouTube channel, and that everyone is operating on their own agenda. He mentioned that if one wants to issue death threats to the Chief Justice, it is considered freedom of expression, while the Supreme Court does not have a media team to defend itself.

After the break, during the resumed hearing at the Supreme Court, the Chief Justice questioned the Attorney General on why the Wildlife Board was placed under the Ministry of Interior. The Attorney General replied that the Ministry of Interior had requested the Prime Minister’s Office to place the Wildlife Board under its control. The Chief Justice remarked that this seemed like an imaginary scenario, questioning the relevance of placing the Planning and Housing Ministry under the Ministry of Interior. He suggested that if this is the case, the CDA should also be removed from the Ministry of Interior’s control.

He sarcastically added that if such is the case, then the Education Ministry should be placed under the Railways Ministry, and questioned why Parliament does not discuss such issues, suggesting that if this continues, Parliament might as well be closed.

The Attorney General argued that the matter is not for Parliament to decide, as the Rules of Business under Article 99 dictate how government divisions are organized. Justice Qazi Faez Isa remarked that the Prime Minister could still address Parliament on the issue. He speculated that someone powerful might have demanded that the CDA be placed under the Ministry of Interior, possibly due to issues related to plots.

Justice Naeem Akhtar Afghan asked the CDA Chairman for his opinion on whether the CDA should remain under the Ministry of Interior. The CDA Chairman responded that being under the Ministry of Interior gives the CDA the power to enforce decisions, as the police and administration are also under the Ministry of Interior.

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Chief Justice Qazi Faez Isa questioned the Chairman’s capabilities, asking if he was not competent enough to enforce his own decisions. He suggested that if this is the case, the Federal Board of Revenue (FBR) should also be placed under the Ministry of Interior, so that the police could arrest tax evaders. He pointed out that such arrangements do not exist in countries like Germany, France, the United States, or India.

“Is the Ministry of Interior more powerful than the Prime Minister’s Office?”

The Attorney General argued that the Federal Government can reorganize divisions over time according to the Rules of Business. The Chief Justice then questioned whether the Ministry of Interior is more powerful than the Prime Minister’s Office.

It should be noted that on August 9, during the hearing of the case concerning the change in the Wildlife Board’s management and chairperson, Chief Justice Qazi Faez Isa remarked that generals and bureaucrats have taken over the country’s system.

It is also worth mentioning that on August 8, a contempt of court petition was filed in the Supreme Court by former chairperson Rina Saeed and citizen Bilal Haq regarding the change in the Wildlife Board’s management and chairperson.

In the petition filed by Bilal Haq, it was requested that private business operators, such as the owners of Monal and La Montana restaurants inside Margalla Hills National Park, be given three months to vacate their facilities voluntarily, as it would take three months to dismantle the structures.

However, nearly two months later, the process of dismantling commercial restaurants inside the National Park has yet to begin. Not a single brick has been removed by the respondents, which clearly shows a lack of intention to comply with the court’s order.

Rather than dismantling the restaurants, the petition alleges that respondents, including Cabinet Secretary Kamran Ali Afzal, Interior Secretary Aftab Durrani, Principal Secretary to the Prime Minister Asad Rahman Gilani, and CDA Chairman Chaudhry Muhammad Ali Randhawa, have shifted focus entirely in the opposite direction.

The petition claimed that they are dismantling the Islamabad Wildlife Management, an institution that has played a

key role in the implementation of court orders, and its mandate is being diminished.

Additionally, CDA and ICT Islamabad are allegedly making various efforts to extend the lease of the Monal restaurant through legal procedures. The Islamabad Wildlife Management Board was an autonomous institution under the Ministry of Climate Change and Environmental Coordination, which managed Margalla Hills National Park, the city’s wildlife, and biodiversity.

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