ISLAMABAD: The Supreme Court on Tuesday disposed of petitions of the Federal Government Employees Housing Authority (FGEHA), challenging the interim order of the Islamabad High Court, suspending the allotment of plots to judges and bureaucrats.
A three-member bench of the apex court headed by Justice Umer Ata Bandial and comprising Justice Syed Mansoor Ali Shah and Justice Muhammad Ali Mazhar disposed of the petitions. The court observed that the Islamabad High Court had reserved the matter in the main case, therefore, it is not appropriate for the apex court to indulge itself in the matter. The court noted in its order the objections raised by the petitioners and held that it will wait for the final order of the high court.
During proceedings, the counsel for the petitioners submitted that they had challenged before the Islamabad High Court the procedure of allotment of plots. However, the high court on other than the main petitions gave its verdict while taking up other matters and issued an interim order. He contended that the interim order of the high court is illegal and against the Constitution, adding that the high court has no suo motu powers. Advancing his arguments, the counsel cited some judgments delivered by the Supreme Court in this regard and requested the court to set aside the interim order passed by the Islamabad High Court.
Justice Mansoor Ali Shah observed that the apex court cannot give its verdict against the interim order of the high court and asked the petitioner’s counsel to wait for the final order of the IHC, adding that after the final order, the affected parties have a legal right of appeal against the order. The judge further observed that the affected parties could file their written arguments before the high court before the final order as well.
Justice Umer Ata Bandial observed that at this stage, it is not appropriate for the apex court to indulge itself in the case, adding that let the high court decide the matter first.
Later on, the court disposed of the matter.
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