The Supreme Court has ordered the return of the 17-acre Askari Park to the Karachi Metropolitan Corporation (KMC).
The petition regarding Askari Park was heard on Monday before a bench headed by Chief Justice of Pakistan Gulzar Ahmed and comprising Justice Qazi Muhammad Amin Ahmed at the Supreme Court Karachi Registry.
The counsel appeared on behalf of the Army’s Five Corps. He argued that the vegetable market was relocated in 2001. A request was made to restore the park under Musharraf. “The defence agency was given the park under the agreement. The report said that marriage halls have been closed.”
The chief justice remarked that the park was given to the army for non-occupation. “You have been asked to protect the whole of Pakistan. Were you given a park for commercial activities?” the CJP asked.
"We have stopped commercial activities," the army’s counsel said.
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Justice Qazi Muhammad Amin Ahmed said that the army should be kept away from conflicts. “The army has been given a very sacred job, they also make sacrifices, but don't do this,” Justice Ahmed asserted.
The CJP said that these shops and marriage halls should be returned to the KMC. “We will return it when they ask," the Askari Park's counsel said.
Justice Ahmed remarked, “We order you to return it.
The CJP remarked asked if there was any concern over the matter. “Children are falling from the swings and dying. People's memory is not so weak that they will forget it,” he said. ”What is your maintenance?
You admit that the wedding hall was running. The army had it, didn't it? With the presence of the army, shops and wedding halls were built.”
Justice Ahmed remarked that every institution has its own job. “The army also has a different job. The army should fulfill the responsibility given to it. This is an embarrassing situation. The wedding hall ended after the notice; you were doing commercial work there. Don't prolong this issue and return the land. Every organisation has its own job. The army has a very sacred duty. The army has a great job. We send our children to the army for war. We do not send our children to the army to do business.” Justice Ahmed observed.
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The chief justice remarked that the park had nothing to do with the army.
Justice Ahmed said the armed forces should do what is constitutional. “Return the land to the KMC.”
The CJP remarked that 88 shops have been set up and marriage halls are running. “If we ask you for a statement of accounts; what will you do? What would you do if you were asked how much money you made?” the CJP asked.
The Supreme Court ordered to give 17 acres of Askari Park to the KMC. The apex court ordered the KMC to restore the park and open it to citizens. The court directed that the park should be fully maintained and no admission fee should be charged.
The apex court also ordered the demolition of wedding halls and shops within the park. The court ordered the KMC to return the swings to the army and install its own swings.
Al-Bari Tower
The Supreme Court adjourned the hearing of a petition regarding Al-Bari Tower in the Bahdurabad locality till Tuesday.
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A bench, headed by Chief Justice of Pakistan Justice Gulzar Ahmed and comprising Justice Qazi Muhammad Amin Ahmed, heard the petition regarding Al-Bari Tower in the Supreme Court Karachi Registry.
The court remarked that only the SBCA has submitted a report. The petitioner's counsel stated that there was a park there till 2012. The chief justice remarked that no change has been made in the layout plan as it is a park site.
Addressing Rana Khan Advocate, the CJP said: “You are a senior lawyer and you cannot do that. In the same case you are appearing on behalf of the KMC and somewhere against the KMC. The lawyer's profession is a great and noble profession. You should return this case to your client.”
At this advocate Rana Khan said, “I will make another lawyer represent the client in this case.”
The court adjourned the hearing till Tuesday.
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