ISLAMABAD - The Islamabad High Court (IHC) Thursday summoned Secretary Interior, Chairman Capital Development Authority (CDA), Chief Commissioner and Inspector General (IG) police Islamabad to appear before the court in person in a petition challenging the forced eviction of residents of slum areas from their houses in the federal capital.
Justice Shaukat Aziz Siddiqui also directed them to apprise the court after appearing before it that what formula they had evolved to remove the slum areas of Islamabad after the court had already issued directions in this connection.
Justice Siddiqui issued these directions when the residents of slum areas of Islamabad moved the Islamabad High Court (IHC) against their forced eviction from their houses located in these areas of federal capital.
The petition was filed by Aziz-ur-Rehman and some others through their counsel Farrukh Dall Advocate.
In their petition, they cited Federation of Pakistan through Secretary Ministry of Interior, Capital Development Authority (CDA) through its Chairman, CDA Head office, Secretary Ministry of Law, Justice and Parliamentary affairs, Chief Commissioner ICT, Islamabad, Inspector General (IG) of Police, Islamabad and Secretary Cabinet Division as respondents.
They contended in the petition that the right to adequate housing is a universal right, recognized at the international level and affirmed by the United Nations and recognized in Regional Treaties and in more than 100 national constitutions throughout the world.
“It is a right recognized as valid for every individual person forcing governments to respect their legal obligation to guarantee a life of dignity,” maintained the petitioners.
Their counsel argued that thus as the right to housing being acknowledged internationally and as the Federation of Pakistan being the State party of the international treaties is bound to protect the fundamental rights of the petitioners.
“The petitioners are the law abiding citizens of Pakistan and residing, along with their families, in the slum (kachi Abadi) situated at sector 1-10/1 Islamabad for more than forty years,” he stated in the petition.
The counsel said that that respondent No.2 is threatening the petitioners and their families to evict their homes or they will remove them. Time and again, the officers of CDA visit their residences and warn them to evict their homes.
“The act of Respondent No.2 being highly discriminatory and being illegal is agitated before this court as respondents cannot forcibly evict the petitioners and their families without providing them adequate housing and the others facilities provided and guaranteed in Article 9 of the Constitution of Pakistan, 1973,” maintained Farrukh.
Therefore, he prayed the court that it may declare that the impugned act of forced eviction by the respondents is illegal, unconstitutional, arbitrary, unlawful, void ab-initio having no legal effect and has no sanctity in the eyes of law and also contrary to the National Housing Policy, 2001.
He requested the court to issue directions against the respondents restraining them from threatening the petitioners and their families to evict their houses.