ISLAMABAD: A senior special magistrate of the Capital Development Authority (CDA) and Municipal Corporation Islamabad (MCI) has leveled serious allegations against his own bosses, alleging that he was being forced to ‘extort’ money and that his court was being treated as “an automated teller machine (ATM)”.

In his application to the Islamabad High Court (IHC), the magistrate, Sardar Asif Khan, stated that being the presiding officer of the “trial court” of the CDA and MCI, he was adjudicating all cases related to the CDA Ordinance 1960, environment protection, land revenue and food quality laws.

According to the rules, such applications are decided by the inspection judge of the IHC in chamber without having a public hearing.

“The trial court is being influenced and interfered unwarrantedly to hoodwink in the due process of law which is repugnant to the principle of natural justice,” he stated in the application, adding that the CDA’s hierarchy of using his office to mint money.

Files application in IHC; requests court to restrain civic body from taking action against him

“The trial court is being considered an ATM machine, which is causing an unnecessary litigation burden on the district judiciary … it is not only violation of fundamental rights of citizens in this city but also taxing upon the national exchequer in terms of unnecessary litigation,” the magistrate said, explaining the reason why CDA officials influenced his court and stated that “CDA/MCI is under the impression that the trial court is their own court and whatever they submit in the shape of challan, the same should be recovered by hook or crook from the alleged delinquents”.

He criticised the Departmental Audit Committee for opening an inquiry over the failure to recover the alleged amount of the challans submitted by the CDA/MCI which were returned to the relevant directorates due to legal hitches.

“The trial court neither owns any recovery account nor receives any recovered fine/arrears directly nor any funds allocated by any department or government. Even if a pencil is required for the trial court, the same shall be procured through the admin office CDA, thus the audit qua pending case is tantamount to undermining the interest of justice,” he stated in the application.

Moreover, all recovered fines/arrears are submitted to the concerned directorate’s accounts directly, he added.

According to the application, most of the claims/cases for recovery of amount are about contractual dispute between contractors and institutions, which can only be recovered if the fault is on the part of the contractor established after the recording of evidence.

“However, the authorities of the CDA, MCI and federal audit are adamant to recover the money through the trial court by all means,” the magistrate stated, adding that they even warned of removing him from his post of “presiding officer of the trial court on one pretext or another.”

He requested the IHC to protect his office “from undue influence, interference in the larger interest of justice, claiming that he had been acting as a “whistle blower”. He further requested that the CDA might be restrained from taking any adverse action against him.

He pointed out that Justice Mohsin Akhtar Kayani of the IHC had directed him to decide several matters on merit after recording pro and contra evidence in cases of civil nature.

“The trial court has also submitted its progress report in compliance with the direction issued by the IHC,” the magistrate added.

He pointed out that there were numerous cases qua violation of the Forest Act and Building Control’s non-confirming use and the Directorate of Municipal Administration cases for recovery of fine/arrears, whose challans were submitted by forest officers, field inspectors and directorates, respectively.

It is obvious that the trial court will adhere to the principles of natural justice while adjudicating upon the claims of the CDA/MCI directorate to ensure justice is served, he stated.

Published in Dawn, October 12th, 2022