The Capital Development Authority (CDA) on Monday confessed before the Supreme Court that it had violated constitutional provisions while awarding contract to McDonalds in F-9 Park.
Former Justice Mian Allah Nawaz counsel for the CDA admitted of having violated Article 18 of the constitution that 'every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business' by inviting and awarding to a multinational food chain for an expression of interest for setting up a cuisine area in the park.
A three-judge bench of the apex court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday reserved the judgement after hearing arguments of the parties regarding construction of McDonalds, Citizens' Club and public library under the supervision of Nazariya-e-Pakistan Council.
Meanwhile, the court issued notices to the parties over the violation of rules in construction of a bowling club in the park for May 13. The court was hearing an application by former PML-N Senator Advocate Saadia Abbasi highlighting violation of apex court's 2006 verdict banning all kind of commercial ventures in public parks with the establishment of a multi-national food chain McDonalds.
Advocate Anwer Kamal, counsel for Siza Food (Pvt) Ltd/McDonalds tried to convince the court saying: "I acted on an advertisement issued by the CDA and did not know about the other parties invited. I did not violate any rule or the said provision of the constitution," he added.
"You did not violate but you are beneficiary of the violation done by the CDA," observed the bench, adding that you have the option to sue the CDA for damages. Giving reference to another outlet of fast food in Jinnah Park, Rawalpindi, Justice Ramday observed that why McDonalds was established merely in public parks.
The Siza Food should have contributed for supremacy of the constitution, observed the Chief Justice, adding that why don't you believe in transparency? Kamran Lashari, former Chairman CDA also appeared before the court and submitted a written statement. After recounting some of the projects the CDA completed during his tenure. He said: "I may have gone wrong (particularly in case of McDonalds) but my intention was the service of public. I had no intention to flout any law on the subject and I leave myself at the mercy of the court."
Imtiaz Inayat Elahi, the incumbent Chairman of the CDA once again failed to satisfy the court over the construction of Citizens' Club in F-9 park. He admitted that there was no decision by the competent authority giving permission for the constitution of the club.
The court was stunned to note that CDA was building a Citizens' Club at Fatima Jinnah Park (F-9 Sector) at a cost of Rs 1.2 billion, without any approval/decision from the competent authority. "There is no board decision for construction of Citizens' Club. There is no record," said Imtiaz Inayat Elahi, Chairman CDA in response to a query of the court. "With no decision from a competent authority, how can you spend public money?' questioned Justice Khalilur Rehman Ramday. The Chief Justice said somebody might have to go to jail, adding that it's looting of public money.
The Citizens' Club, according to its PC1 would have coffee rooms, cigar rooms and saloon for men and women, swimming pools for men and women, auditoriums and 48 residential sweets. When Advocate Bilal, counsel for Nazariya-e-Pakistan pressed for the value of its construction, Justice Ramday observed that "why you people are defaming the name of our Quaid for having a building on an ill-gotten land."
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