SC demands clarity on military commerce
Supreme Court of Pakistan, where the office of Pakistan Bar Council is situated, in Islamabad, Pakistan April 4, 2022. PHOTO: REUTERS
The top court, emphasizing that all institutions of the country must stay within their constitutional boundaries, has sought assurance from the state’s top law officer that the armed forces will not engage in commercial activities.
“The military has started running marriage halls and other businesses. Make sure that it won't engage in business. The military should only focus on defense, not business,” Chief Justice of Pakistan (CJ) Qazi Faez Isa observed.
The CJ led a three-member bench also composed of Justice Muhammad Ali Mazhar and Justice Mussarat Hilali, which on Wednesday resumed hearing a slew of petitions filed against illegal constructions in Karachi, the country’s most populous city.
“Everyone should stay within their boundaries. The military should do its job, and the courts should do their job,” he said while addressing Attorney General for Pakistan (AGP) Mansoor Awan.
The AGP agreed with the chief justice, stating that it is indeed the principle that all people must do their assigned tasks. “If you have such instructions then you should give an assurance in this regard,” the CJ added.
Earlier, the lawyer for the Evacuee Trust Property Board (ETPB) told the court that some people made forged documents of a property owned by the ETPB and sold it to a builder. “Now a five-story building stands there,” he said.
Justice Mazhar inquired about the actions of the ETPB during the construction of the building on its land.
The CJ stated that illegal constructions in Karachi could not occur without the involvement of the Sindh Building Control Authority (SBCA).
The SBCA director-general appeared in court and informed the bench that there are a total of 1,400 employees in the SBCA, including 600 inspectors and 300 senior inspectors.
The CJ noted the need to investigate the personal assets of the SBCA inspectors and senior officers.
"It is also necessary to audit the assets of the sub-registrars in Karachi through the FBR [Federal Board of Revenue]," he added.
The court observed that illegal buildings are being constructed in Karachi, and residential plots are being converted into commercial areas with the knowledge of the authority.
It stated that the SBCA looks away when a builder constructs an illegal building but takes action and starts demolishing such structures as soon as people buy units in these projects.
It further noted that bulldozing illegal buildings where common people have invested their money affects the rights of these residents. The court ordered that during construction, the SBCA must erect boards displaying details of the approval for that construction.
"The SBCA cannot exploit the situation for its own benefit. The SBCA should not delay issuing a certificate of building completion," it added. The court later adjourned for an indefinite period.