The Islamabad High Court on Friday ruled that Pakistan Navy – a branch of the armed forces – had no jurisdiction or authority to directly or indirectly engage in real estate venture and the building of its Sailing Club on the embankment of Rawal Lake would be demolished within three weeks.
The court also declared the PN Farms illegal and noted that the federal government would take action against a former naval chief for his involvement in the projects accordingly.
“The name of Pakistan Navy, nor of any State institution, can be used directly or indirectly for a real estate venture having no concern with the functions of such an institution or department,” read a 45-page judgment authored by IHC Chief Justice Athar Minallah.
"Pakistan Navy has no jurisdiction or authority to directly or indirectly engage in a real estate venture. The construction of the Sailing Club on trespassed land was illegal and a grave violation of the enforced laws,” it added.
"The building of the Sailing Club shall be demolished within three weeks so that rule of law could be restored and it shall not be regularised in any manner for having been illegally constructed in an ecologically sensitive area in violation of the mandatory provisions of the Act of 1997.”
The court observed that the mutation of land in the name of an office of the headquarters of the Pakistan Navy was unconstitutional, illegal and in violation of the scheme of law.
"The ownership of the land will be dealt with by the federal government as mandated under Article 173 of the Constitution.”
The court also said the Capital Development Authority was not empowered to issue a no-objection certificate (NOC) in favour of an office of the headquarters of the Pakistan Navy.
“The NOC was issued without lawful authority and jurisdiction. The authority shall forthwith resume and take over the land covered under the purported NOC and thereafter proceed strictly in accordance with the Ordinance of 1960 and the regulations made there under. A fortnightly report regarding actions taken shall be submitted to the registrar of this court.”
The court further held that “undertaking the venture of PN Farms by the Pakistan Navy through one of the offices of its headquarters was a transgression, illegal and without lawful authority and jurisdiction”.
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It noted that the PN Farms bylaws were void having no legal sanctity whatsoever.
The court held that Admiral (retd) Zafar Mahmood Abbasi, a former chief of naval staff, had violated his oath and transgressed his constitutional duty by inaugurating an illegal building [Sailing Club] on encroached land in violation of the Act of 1997 and the Ordinance of 1960.
“This was despite notices having been sent by the authority and the Small Dams Organisation.”
"[Admiral (retd) Abbasi] and other officers involved in the illegal construction and inauguration of the Sailing Club have made themselves liable to criminal proceedings under section 46 and section 19 of the Ordinance of 1960 and the Act of 1997 respectively,” the judgment read.
“The competent authorities under the respective laws shall ensure that criminal proceedings are initiated forthwith.”
The court held that the federal government would proceed against Admiral (retd) Abbasi under the Ordinance of 1961 for acts and omissions amounting to misconduct on his part.
"The Pakistan Navy shall forthwith cease all its activities on Rawal Lake and hand over the trespassed land to the Small Dams Organisation.”
The court held that the Board of Islamabad Wildlife Management would endeavour to restore the habitat in the surrounding area of the lake in consultation with the authority and the Small Dams Organisation and subject to recommendations made by the commission appointed.
"The Small Dams Organisation and the authority shall ensure that all the activities in the reservoir, except as necessary for the purposes of safety or maintenance of the dam, shall forthwith cease in order to protect the habitat from further damage and the reservoir from being polluted.”
The court appointed Dr Pervaiz Hassan as a one-person implementation commission for giving effect to the recommendations made in the report on Rawal Lake and to investigate the environmental damage caused to its reservoir and its surrounding areas.
The commission will be assisted by the climate change secretary and the Environmental Protection Agency director general.
The commission would make recommendations for restoring the reservoir and its surrounding areas as a habitat for various species, particularly the migratory birds.
"The auditor general of Pakistan shall conduct a forensic audit of the PN Farms and the Sailing Club to ascertain the loss caused to the exchequer. The loss to exchequer shall be recovered from the officers found responsible for committing illegalities in relation to the respective ventures."
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The court held that the Cabinet Division secretary would place the copies of the judgment before the prime minister and members of the cabinet. “The latter shall take measures for ensuring restoration of rule of law and strict implementation of the enforced laws within the 1,400 square mile area of the Islamabad Capital Territory.”
The court observed that the execution of the two ventures, the Sailing Club and PN Farms, was a classic example of the “non-existence” of the rule of law.
"Some classes are probably genuinely convinced that they are above the law. No one is above the law and whoever undermines the rule of law ought to be held accountable and made an example, so as to bring an end to decades of impunity.”
The court noted that the country was governed under a Constitution and it ought to be upheld to root out injustice, poverty and the phenomena of elite capture.
“Both the ventures in the case in hand undertaken by one of the branches of the armed forces were illegal from its inception but, because of the institution’s status, no authority was willing to take action. The buck stopped at the chief of naval staff and those officers who were involved in violating the enforced laws.”
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