The Supreme Court on Wednesday dismissed a petition, challenging the expansion of the US Embassy in the federal capital, by declaring it non-maintainable. A three-member bench headed by Chief Justice Mian Saqib Nisar heard the petition against the expansion of the US Embassy in Islamabad.
Deputy Attorney General (DAG) Sohail Mahmood submitted that the apex court on March 21, 2009 had passed an order that it will examine the maintainability of the instant petition. He also referred to Interior Ministry's reply, which stated that the embassy's expansion was "a matter of bilateral interest and therefore cannot be dictated by hearsay."
Chairman Wattan Party Barrister Zafrullah Khan had filed a petition in 2009, praying to stop the government from providing additional land for the expansion of the US Embassy. He had contended that the US Embassy has already 38 acres of land in the Diplomatic Enclave. He had requested the court to bar the embassy from hiring houses in Islamabad. The petitioner had feared that the expansion of the US Mission might pose dangers to the national security.
During the course of proceedings, petitioner Barrister Zafarullah contended that the US is constructing a hotel inside the embassy which is in clear violation of international laws and conventions.
The Chief Justice inquired from him whether those conventions are part of domestic laws. He said these are government-to-government diplomatic relations as well as policy matters.
The Chief Justice asked from Zafarullah which of his fundamental rights have been infringed. The petitioner cited the Article 9 of the Constitution that relates to right to life.
However, the court, ruled that none of the fundamental rights of the petitioner has been violated, and dismissed his petition.
"We have found nothing that could establish that any of the fundamental rights of the petitioner has been violated; hence, the instant petition is dismissed for not being maintainable," said the written order.
In the last hearing, the DAG had submitted a report on behalf of Capital Development Authority (CDA). According to the report, the blocks in the Embassy were completed as per the approval of building plans granted by the CDA.
The report stated that completed portion of the building has been occupied and is under conforming use. It also stated that work on office blocks towards Club Road, three residential blocks and recreational pool is in progress as per approval granted by Authority.
Deputy Director CDA's Building Control Section, Rahim Khan Bakhsh, a building inspector and a representative of the US Embassy had inspected the under-construction building in September 2016 to determine the actual status of the site.
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