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The IHC mandates the immediate reopening of the PTI central office

The IHC mandates the immediate reopening of the PTI central office

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:

  1. 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.
  1. 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.
  1. 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.