The Islamabad High Court (IHC) has directed the additional attorney general (AAG) to ensure that its directives for the demolition of the Navy Sailing Club and the initiation of criminal proceedings against former naval chief Admiral (retd) Zafar Mahmood Abbasi are placed before the prime minister and the federal cabinet.
A two-member division bench of the high court comprising Justice Amir Farooq and Justice Mian Gul Hassan Aurangzeb directed the former naval chief to appear before the cabinet secretary on January 19 if the cabinet does not take a decision until then.
The directives were issued during the hearing on an inter-court appeal filed by Advocate Ashtar Osaf, challenging the court’s order to demolish sailing club and the initiation of criminal proceedings against the ex-naval chief.
The appeal stated that the former naval chief had been an officer in Pakistan Navy for 45 years, commanding it from 2017 to 2020. It added that the appeal on which the decision was announced was not admissible.
It also noted that the original petition did not call for criminal proceedings, therefore the single-bench verdict of January 7 should be declared null and void.
The appellant said the court wrote in its verdict that the former naval chief violated his oath by inaugurating an illegal building, while the executive, in a notification issued on August 23, 1991, appointed naval chief as the patron-in-chief of water sports throughout Pakistan. He added that the Navy Sailing Club building was given to it in 1994 and the land for naval farms was also purchased.
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To this, Justice Farooq said that everything belongs to the government, and it is merely used by the department concerned. He cited the example of the Ministry of Law being responsible for court buildings, asserting that the relevant ministry for the armed forces is the Ministry of Defence.
“Who bought the land for the naval farms, what was the purpose, and in whose name did the deed take place?” he asked.
Advocate Ashtar said that records have to be seen in this regard. He also asked the court to stop the Capital Development Authority (CDA) from taking any action on the court’s decision till Tuesday.
Justice Farooq asked whether the lawyer was concerned about Admiral (retd) Abbasi’s arrest.
The court directed the AAG to inform whether the cabinet secretary has complied with the court’s order. If the order to put the verdict before the cabinet is not complied with, then the cabinet secretary must appear in person the next day, it added.
The bench also directed the appellant’s counsel to produce the relevant record before the court.
The hearing of the case was adjourned till January 19.
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