The Islamabad High Court (IHC) has ordered the immediate de-sealing of the Pakistan Tehreek-e-Insaf (PTI) central office, following a ruling delivered by Justice Saman Rifat Imtiaz. This decision comes after PTI filed a plea against the Capital Development Authority’s (CDA) action to seal the office.
Key Points of the Court’s Decision:
- Procedural Lapses by CDA:
- The court noted significant procedural flaws in the CDA’s actions.
- It highlighted that the CDA failed to provide a satisfactory explanation for continuing to send notices and show-cause notices to the office’s previous owner throughout 2022 and 2023.
- The absence of delivery receipts for these notices further weakened the CDA’s case.
- Lack of Proper Notification:
- The CDA did not issue any prior notice before executing the sealing order on May 23.
- The sealing was ostensibly based on alleged illegal construction, yet the court found the lack of substantial evidence and procedural correctness problematic.
- Insufficient Proof of Notice Delivery:
- The court emphasized that merely maintaining a register was insufficient proof of notice delivery.
- The lack of substantial evidence regarding the delivery of notices to the correct recipient played a crucial role in the court’s ruling.
Also Read: The PTI central secretariat has been sealed
Background of the Incident:
On May 23, the CDA, in collaboration with the district administration, conducted an operation to seal the PTI Central Secretariat, citing illegal constructions and encroachments. The operation involved anti-encroachment teams and heavy machinery at the site in Sector G-84. A heavy police contingent was also present during the sealing.
Specific Allegations by CDA:
- The CDA claimed that the plot in question was allotted to an individual named Sartaj Ali.
- Violations of building by-laws, including the construction of an additional floor, were noted.
- The political party had reportedly encroached on adjacent land.
Court’s Final Ruling:
In its ruling, the Islamabad High Court underscored the lack of substantial evidence and procedural correctness from the CDA, thus ordering the immediate de-sealing of PTI’s head office. This decision is a significant legal victory for PTI, as it underscores the importance of proper procedure and substantial evidence in administrative actions.
