Justice Ijazul Ahsan told the counsel that two applications were filed on behalf of the speaker, adding nothing had been denied by him. "You (Elahi) should have denied if there was anything factually incorrect in the judgement," said the Chief Justice and added that a five-member bench of the apex court had upheld the judgement in the Bahria Town case.
A three-member bench, headed by Chief Justice Mian Saqib Nisar, was hearing Pervaiz Elahi's review petition against the apex court judgement in the Bahria Town case.
Justice Ijaz told the counsel that no reasons have been given in the application to expunge the para 8 of the judgement. Justice Faisl Arab, another member of bench, said that the court had given its finding against the Revenue Department and not against Pervaiz Elahi. He advised if the NAB summons Pervaiz Elahi then he should appear before it to clarify his position. Justice Ijaz said that the court was very careful and, therefore, has not given any finding against Pervaiz Elahi, adding if the NAB gives Elahi a clean chit then it is fine.
The Chief Justice inquired from Amanullah whether his client was chief minister at that time and if he had approved the demarcation. The counsel replied: "A six-member committee had dealt with all the matter and when it was brought before Pervaiz Elahi for concurrence, he had concurred."
The Chief Justice also inquired from Amanuallah whether Chaudhry Shujaat is the brother of his client. The counsel replied in the affirmative. Then the CJP asked whether Bahria Town had given plots to Ch Shujaat, his wife and servants. Amanullah contended that they were not servants of Ch Shujaat and had wrongly used the address of Ch Shujaat's House.
In the last hearing (December 4, 2018), Elahi had told the court that being the chief minister he had not given favour to anyone but worked honestly. The Chief Justice told him that 2,210 acres of land were transferred to Bahria Town but in the record it was shown that 1,741 acres were given to Bahria Town. He said in return Malik Riaz gave plots to Chaudhry Shujaat Hussain, Begum Shujaat Hussain, and Chaudhry Wasiq and Chaudhry Munir, the employees of the Chaudhry family.
"We declare that the area of Takht Pari is 2,210 acres; that exchange of land purportedly encroached by Bahria Town and the forest department and attestation of mutations in this behalf being based on an erroneous assumption about the area is against the law and the record and as such of no effect and the order passed in SMC No. 3 of 2009 is recalled," the Supreme Court had ruled it in May 4, 2108 judgement.