IN THE ISLAMABAD HIGH COURT, ISLAMABAD

Writ Petition No.__/2025

The Jurists Foundation of Pakistan (Regd.), through its Chairperson / CEO Riaz Hanif Rahi, Advocate Supreme Court of Pakistan, Member Supreme Court Bar Association,Life Member Islamabad High Court Bar Association, Islamabad.

…..Petitioner

Versus

• Government of Pakistan through the Ministry of Law & Justice, Pak Secretariat, Islamabad.
• President of Pakistan through its Principal Secretary, President Secretariat, Islamabad.
• Capital Development Authority (CDA), through its Chairman, G-7, Islamabad.
•  Secretary, CDA Board, CDA,Islamabad.
•  FIA through Incharge Corporate Crime Circle (CCC),Islamabad. 

….Respondents

WRIT PETITION U/A 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973.

Respectfully Sheweth:
 
The State, our mother has often been burdened by the sweet wishes, choices & pleasures of powerful people who remain in attempt to quench their thrust at the cost of public exchequer and their exist provisions in CDA law under which general formula of land disposal through open auction has been dispensed with for the few of the society due to the reason of which loss of billions of rupees is being continuously caused while disposing lands like Agro- farms etc.Perhaps, we only expect kindness from the State but not ready to reciprocate any passion of goodness due to the reason of selfishness and slavery but loyalty to the State is a basic duty of every citizen under Article 5(1) of the Constitution which is to be expressed not only in shape of positive voices but in most decent manner by filing the petition as state resources are not for usurpation and for tyrannizing the loyal people just for the protection of persons prevailing over the institutions.   Hence, this Public Interest Petition is being filed to qualify the test of loyalty with the state amongst other on the following;

FACTS:-

• The petitioner is a juristic person i.e. Non-Governmental Organization duly licensed Under Section 42 and incorporated Under Section 16 of Companies Act, 2017 issued by SECP with the aim inter-alia to take notice of public wrongs of great public importance in order to keep the maxim UBI JUS IBI REMEDIUM (where there is wrong there is remedy) alive and to make rule of law strengthen rather it may become weak with the ignorance of common nature wrongs as unnoticed. The petitioner is describing feelings of general public in this petition and the office bearers of the organization also consider themselves answerable to the common responsibilities as an important members of the society and the organization has already voiced on many issues of great public importance which is a matter of record. This Honourable Court has already treated W.P. No.3879/19 (Tezgam Inferno Incident Case) filed by this NGO as Public Interest Litigation (PIL) and it born fruit in shape of helping the downtrodden victims / heirs of the deceased and injured in granting them compensation and drawing the attention of state functionary to install auto fire fighting equipment in express trains for which undertaking of 2000 equipments is on the record. Google has reported The Jurists Foundation’s case as most famous for its landmark 2019 public interest litigation case in the Supreme Court of Pakistan, challenging the legality of the Chief of Army Staff’s (COAS) tenure / extension and this judgement is titled as “The Jurists Foundation Vs. Government of Pakistan and others”, PLD 2020 SC-1. This Honourable Court partially allowed W.P No.3277/2020 by holding the Prime Minister’s package (under which 602 plots were allotted to high ups) as illegal and now this Judgment has been implemented by the Cabinet holding that no further allotment shall be made beyond the entitlement. However, the litigation is pending with regard to the withdrawal of earlier benefits in the shape of allotments. This organization also filed Writ Petition No. 3197/2021 against forced Covid-19 vaccination and important law points were pointed out and now this issue is pending in august Supreme Court. Another important issue to grant 100% marks to more than 700 students in the  Intermediate Board Examinations results 2021was raised in W.P. No. 4243/2021. This NGO has raised important legal questions  for judicial determination in the issue of the Broad sheet which is pending as ICA 41/22 & is being listed as No scope after 13-04-2022. The Supreme Court of Pakistan allowed its Cont.P. No. 23/2023 challenging the Review of (Judgments & Orders) Act 2023. The petitioner also challenged the legal position of PSL Cricket teams and raised voice against the blocking of constitution avenue by filing W.P. No.766/2024 which is pending for proper handling. All the office bearers of the NGO are Pakistani Nationals holding valid CNIC & taxpayers. In the instant matter, injury is being caused to the fundamental rights of the office bearers of the organization like other citizens of Pakistan who are aggrieved persons and under duty Under Article 5(2) of the Constitution. Hence, this
• petition is through the authorized office bearer of the NGO/NPO who is also an upright advocate of this Honourable Court.
  That the CEO of the Foundation moved a Representation to the CDA on 06-02-2025 on the basis of Judgement dated 30-10-2024 passed in W.P.No.1571/2011 which has not yet been attended in a legal manner. The contents of Representation are reproduced hereunder;
• The Applicant is a pro bono citizen, Advocate by profession, and CEO of the Jurists Foundation of Pakistan (Regd.), and always remains ready to play his role whenever there is danger to public interest. Public Exchequer is not a bounty but a duty arising from the contribution of tax payers’ shared interest of the public including the Applicant.
  The Honourable Islamabad High Court has observed in clear terms that it is not for CDA to enact regulations or adopt policies providing that compensation is to be paid on land-sharing basis or through allotments of plots, i.e., Package deal, in order to satisfy the claim of rehabilitation. The Court concluded in Para 36(iii) that all policies, regulations, and rules supporting Package deal are illegal and offensive to Article 24(2) of the Constitution. In the next para, i.e., 36(iv), the Court specifically restrained the authority from granting compensation through allotment of plots.The Court further directed the CDA Board to review within 90 days and suggested in Para 38, to take up this matter in the next Board meeting, but the issue is still hanging.
  The Government has promulgated an Ordinance No. III of 2023 on 02-05-2025 and introduced new provisions including an amendment in Section 29 of CDA Ordinance 1960 whereby the words land sharing have been introduced. But Article 24(2) of the Constitution as interpreted by the Apex Court does make this provision redundant and not in conformity with the Supreme Law of the Land. Moreover, Section 31(3) of the Land Acquisition Act is a specific provision that no compensation through allotment of plots shall be allowed unless permanent legislation or procedure ensures its validity.
• It is, therefore, prayed that the issue may please be placed in the next Board meeting after  soliciting approval of the worthy Chairman and all the plots including Agro-farms be sold by way of open auction as envisaged in the ordinance. 
• That the impugned proviso to Regulation No.12 of Islamabad Land Regulations 2005 is reproduced hereunder:-
• “Provided that Agro-farming plots may be allotted at reserve price to be fixed by the Authority from time to time to all the genuine Affectees of various areas of Islamabad who have lost in acquisition to the Authority, cultivable land not less than 100 kanals in area, in accordance with the Islamabad Displaced Persons Rehabilitation Policy, 1996:
• Provided further that no allotment shall be made to the affectee applying 
  through or pursuing for allotment through attorney”.
• That in order to secure best market price provisions of open auction have been introduced in the parent law under Sections 14J , 29 of CDA ordinance furtherance to Art.24(2) of the constitution which is the supreme law of the land & beautifully interpreted by this court by rendering judgement in W.P.No.1571/2011in view of which impugned proviso carry no legal value.      
• That in order to defuse the effect of this judgement, Ordinance No.III of 2025 has been introduced which is sub-constitution enactment and cannot make the effect of Art.24(2) and its interpretation as redundant.     
• That land sharing formula germinates corruption and FIA CCC has Registered an Enquiry No. 32/2018 and a case C.A. No.19/14 has remained pending in the Supreme Court of Pakistan and CDA retreated its step by cancelling Allotments on 08-11-2010. Impugned provision of Land Disposal Regulation 2005, Ordinance III of 2025, Judgement passed in W.P. No.1571/2011 together with Representation dated 06-02-2025, Cancellation letter of CDA, Order pass in C.A. 19/14, report of FIA are Annexure-A, B, C, D, E & F)
• That the loss to public exchequer is being caused under extraneous considerations & malafide reasons , which require interference of this Constitutional Court on the following:

GROUNDS:

That the valuable rights of the petitioner as well as general public within the meanings of Article 2-A, 3, 4, 9, 10-A,24(2),25 & 227 of the Constitution of Islamic Republic of Pakistan are being infringed continuously by the respondents. 

• That the judgement dated 30-10-2024 passed by this court in W.P.No. 1571/2011 is still holding the field & requires implementation. 
• That the Representation dated 06-02-2025 is to be decided within the meaning of Section 24A General Clauses Act 1897 read with Art.10-A of the constitution. 
• That Respondents  are equally liable due to the following principles of law. 

No one is above the law as this principal has its foundation in Ch. Zahoor Elahi’s Case PLD 1975 SC 383. 

You may be ever so high, the law is above you as concluded in the last lines of the Jurist Foundation’s case PLD 2020 SC 1.

All criminals, however influential, have to be dealt with across the board without any discrimination or compromising the position of the law on the subject as held in Watan Party’s Case PLD 2011 SC 997.

Higher the position of an individual, greater his responsibility and accountability as held in Pakistan Steel Mills’ Case PLD 2012 SC 610.

Quranic Injunctions also carry the bindings effects within the meanings of Article 2-A as discussed in the above judgments referred in points iii and iv and reproduced herein below:

Translations of verse 30 of Surah Ahzab by Abdul Ala Maudud

Wives of the Prophet, if any of you commit flagrant indecency, her chastisement shall be doubled. That is easy for Allah. (Therefore, most poise women punishment would be double in case of wrong)

Surah Nisa Ayat 135 With English Translation
O ye who believe! Be ye staunch in justice, witnesses for Allah, even though it be against yourselves or (your) parents or (your) kindred, whether (the case be of) a rich man or a poor man, for Allah is nearer unto both (them ye are). So follow not passion lest ye lapse (from truth) and if ye lapse or fall away, then lo! Allah is ever Informed of what ye do. ﴾135﴿ 

• That state or its department may not have different treatment with the few of the society. Therefore, discriminatory benefits may please be discouraged  by judicial verdict.
• That no one is wiser than law and persons cannot prevail over the law. Therefore, intention of law may be given preference.
•  That there is no other adequate and efficacious remedy available to the petitioner except to invoke the constitutional jurisdiction of this Honourable Court to get relief.

PRAYER:

It is therefore, respectfully prayed that:
Impugned proviso of Regulation 12 of Islamabad Land Disposal Regulation 2005 may please be set aside as discriminatory & carry no legal value.   
Declare Ordinance No.III of 2025 has no bearing on the judgement passed by this court in W.P.No.1571/2025 & no provision of the ordinance can defeat the constitutional provision i.ee.Art.24(2) of the constitution. 
Direct the respondent No. 5 to recover balance  State Money while illegally benefiting a few of the society.  
Direct the respondents to pay 20% of the recovered amount to the petitioner U/S 13(1) of Whistle Blower Act, 2019 for bringing this public interest litigation before this Honourable Court.
Any other relief which this Honourable Court may deem fit and appropriate may also be awarded.

Petitioner

Through

Dated: 02.12.2025

RIAZ HANIF RAHI
Advocate 
Supreme Court of Pakistan

CERTIFICATE:

This is the first writ petition by the petitioner on the subject. 

…PETITIONER