ISLAMABAD: Supreme Court (SC) has rejected all the objections of lawyer pertaining to application of review of judgment act in Evacuee Trust Property review case.
The court has maintained the applicability of review of judgment act is for the cases under 184/3.
On giving arguments by prosecution counsel on applicability of review of judgment act in the case under hearing Justice Ijaz ul Ahsan remarked you got adjourned a case yesterday and today we have to resolve this issue.
A two members bench of SC comprising justice Ijaz ul Ahsan and Justice Ayesha Malik took up the case for hearing Thursday.
During the hearing of case counsel Munir Paracha argued 184(3) is mentioned in two clauses of review of judgment act. The other clauses of act will be applicable to all review cases.
Justice Ijaz ul Ahsan remarked it is not mentioned any where in the act this will be applicable to the cases which come in appeals. Tell us why it is not mentioned about applicability of 175 in other clauses. Enacting the law is aimed at protecting the basic rights.
He directed the counsel to give arguments on the merit of the case.
He raised the question can every minister of the federal government allot the land this way. There is law in the country and not monarchy. state property is not "maal-e-ghanimat" that minister distributes it this way. Laws and regulations are made for protection of properties. In this case neither minister was authorized nor was the legal way adopted.
Justice Ayesha Malik remarked review of judgment act is not related to other cases except 184(3). If plea of counsel is accepted then how can the minister of social welfare distribute land related to Evacuee trust property. If your plea is accepted then driver of federal government will be able to allot land of evacuee trust property.
On inquiring from the court the counsel for evacuee trust property told the court federal minister was not authorized to allot property of evacuee trust property.
The court dismissed the review petition of citizen about property of evacuee trust property.