11-09-2010, 05:38 PM
ISLAMABAD: Civil Judge Wajid Hussain Mughal reserved his decision on a petition filed by civil society members against alleged illegal construction on footpath by Uzbekistan Embassy for the security purposes.
The decision regarding stay will be announced on Wednesday.
Fourteen citizens filed a petition stating that footpaths are public property so the construction by the embassy at House No 2, Street 2, Sector F-8/3, should be stopped. Owner of the house, Capital Development Authority (CDA), Ministry of Foreign Affairs, Ministry of Interior and Islamabad Capital Territory administration have been made respondents in the petition.
During hearing of the case on Monday, Advocate Ali Abbas pleaded that Section-86-A (1)C states that a suit may lie against the diplomatic agent if he “indulges in any professional or commercial activity exercised by the diplomatic agent in Pakistan outside his officials functions.” He requested the court to waive off diplomatic immunity, as constructing fortresses on footpaths cannot amount to activities inside the domain of a diplomatic agent.
He said CDA was very lenient to violations of its by-laws. He quoted the example of restaurants business in residential areas. He requested the court to instruct CDA for fulfilling her duties.
Abbas also requested the court to grant a stay against the construction by the embassy till the decision is announced.
The civil judge listened the petitioner and then reserved the decision, which will be announced on Wednesday.
The decision regarding stay will be announced on Wednesday.
Fourteen citizens filed a petition stating that footpaths are public property so the construction by the embassy at House No 2, Street 2, Sector F-8/3, should be stopped. Owner of the house, Capital Development Authority (CDA), Ministry of Foreign Affairs, Ministry of Interior and Islamabad Capital Territory administration have been made respondents in the petition.
During hearing of the case on Monday, Advocate Ali Abbas pleaded that Section-86-A (1)C states that a suit may lie against the diplomatic agent if he “indulges in any professional or commercial activity exercised by the diplomatic agent in Pakistan outside his officials functions.” He requested the court to waive off diplomatic immunity, as constructing fortresses on footpaths cannot amount to activities inside the domain of a diplomatic agent.
He said CDA was very lenient to violations of its by-laws. He quoted the example of restaurants business in residential areas. He requested the court to instruct CDA for fulfilling her duties.
Abbas also requested the court to grant a stay against the construction by the embassy till the decision is announced.
The civil judge listened the petitioner and then reserved the decision, which will be announced on Wednesday.