'Patriotism is about abiding by law'

The Islamabad High Court (IHC) has observed that patriotism is about abiding by the Constitution and that the court will not allow anyone to undermine the rule of law in the country.

“When there is no rule of law, then what is happening now [in the country] is bound to happen,” IHC Chief Justice Athar Minallah said on Saturday while hearing a petition filed against construction of the Pakistan Navy Sailing Club and the Pakistan Naval Farms on the bank of Rawal Lake.

The court further stayed construction of the farms and opening of the club till Sept 26 and directed the Capital Development Authority (CDA) Chairman Amir Ali Ahmad to ensure implementation of the order.

The chief justice told the CDA chairman that the court does not like to summon him again and again “but there is no rule of law here.” Addressing Ahmad, the judge said “Your job is to enforce the law.”

He questioned why the Federal Investigation Agency (FIA) and the Intelligence Bureau (IB) are involved in the real estate business. “This is a big conflict of interest,” he said, asking the chairman as to why the CDA is weak today. “If the CDA could give plots to others then why not to the laborers as well?”

Amir Ali Ahmad informed the court that Sector I-15 of Islamabad is not for the elite but for the common man. He said the naval club is in Zone III, while the farmhouses are in Zone IV of the sector. “The Zone IV was a green area in the master plan,” he added.

He said the CDA had formed a commission to make payments to the affected people.

“What good it will make if the payment is made to an affected person after 30 years. How was it possible for someone to form a housing society and then apply to the CDA for no-objection certificate (NOC)?” the judge asked. Ahmad responded that the CDA is taking action in this regard.

The court noted that construction work on the naval farms project was started without permission from the CDA. “Has any action been taken?” The CDA chairman replied that no action had been taken against any CDA officer as far as the project was concerned.

The bench asked the CDA official to present documents in the court to show that the CDA board had approved the Navy Sailing Club. The chairman assured the court to present a detailed report.

Babar Sattar, the lawyer for the petitioner, informed the court that the navy is not a private developer. However, it is very strange that serving officers were included in the trust deed. The letters of rules were also issued from the Naval Office.

The chief justice said the navy’s lawyer had told the court that the navy had nothing to do with the project. Sattar said he would present documents to show that serving naval officers were involved in the project, and added that the court could send notices to the Naval Headquarters.

Malik Qamar Afzal, the lawyer for the Naval Farms, told the court that the impression that “we don’t want to follow the law” is incorrect. The chief justice said there should be no conflict of interest, adding that the court would not allow anyone to undermine the rule of law.

The CDA chairman said all the sports activities came under the purview of the Pakistan Sports Board. He said no permission was sought from the CDA for the sailing club, adding that the CDA had issued notices to the club but the building was constructed quickly.

Later, the court extended the order to stop construction of the Pakistan Naval Farms and sealing the Navy Sailing Club till September 26 and directed the CDA chairman to submit an affidavit about compliance with the order. The hearing was adjourned till September 26.