LAHORE: Justice Shams Mehmood Mirza of the Lahore High Court on Tuesday issued notices to the federal government and Railways’ Minister Khawaja Saad Rafiq on a petition moved on behalf of the management of the Royal Palm Golf & Country Club against alleged illegal occupation by the railways.
The court directed to the government and railways officials including the minister, CCPO to file replies till July 4. On the application for the restoration of the possession, the judge indicated that the question of re-possession would be decided after hearing the other side.
On the other hand, contempt notices have also been issued to the railways authorities for violating the orders of the civil judge of Lahore. Representing the petitioner, Supreme Court Bar Association President Barrister Syed Ali Zafar said that the petitioner had been running the club since 2001 under a valid lease and operation agreement known as the Implementation Agreement July 26, 2001, which was signed between the Royal Palm and the Pakistan Railways.
He said that the unilateral action of the railways was in violation of the terms and conditions of this agreement and the law. He said that the petitioner was running the club according to the terms and condition of the agreement. With the help of 400 armed mobsters who were posing themselves to be railways police and railways officials attacked and invaded the club at 4:30 am on June 24. They have unlawfully occupied the club after beating and forcibly detaining guards posted there, he said.
Barrister Zafar said that this occupation was the worst case of lawlessness by the government. He said that this action of the railways as well as the federation was without the sanction or backing of any law and without following any due process or obtaining any order from any court. Since the occupation, no one was being allowed inside the club while the officials of the railways were looting, plundering and destroying the valuables and equipment, he said.
He also said that the local police authorities were unable to help because the government through Minister Saad Rafiq was carrying out the entire operation. Barrister Zafar submitted that the government had taken the law in its own hands and with malafide intentions bypassed all procedures of law and illegally taken possession of a successful enterprise in which Royal Palm had invested huge amounts of money.
He said that more than 3000 members and thousands of employees were not being allowed inside the club at the behest of the government. He submitted that if the government wanted to evict the petitioner from the club then it could only be done through a proper and due process in and by a court of law which was the requirement of the Article 4 and 10A of the constitution.
On Tuesday, a local court issued notice to Railways Minister Khawaja Saad Rafique, Railways secretary and Inspector General of Railways Police for July 12 on a contempt application against them. Civil Judge Nadeem Ahmad issued the notices on a contempt application filed by Royal Palm Golf and Country Club owner Ramzan Sheikh and the club manager.
During the hearing, the petitioner’s counsel submitted that the court had restrained the railway authorities from taking any action against the club in a pending matter but the authorities sealed the club despite clear orders. He requested the court to take action against the respondents for violating the court orders. After hearing arguments, the court issued notices to the respondents for July 12 and sought reply.
