17-year-old petition: Plea assails armed forces’ commercial activities
Top court issues notices to defence ministry, 14 others.
Supreme Court of Pakistan. PHOTO: AFP
ISLAMABAD:
The apex court has issued notices to defence ministry and 14 other respondents over a 17-year-old plea, seeking a ban on the commercial activities of the armed forces.
The three-judge bench of the Supreme Court (SC), headed by Justice Ejaz Afzal Khan, took up on Wednesday a 17-year-old appeal against the Lahore High Court’s October 2, 1998 order, whereby the petition seeking a ban on the commercial activities was rejected.
The petition is moved by senior lawyer Habib Wahabul Khairi, who contended that national security is under threat due to involvement of armed forces in business activities.
He also requested the bench to direct the army chief for cancelling the names of all commercial companies, which are running in the name of armed forces including Bahria Town, Shaheen Foundation, Army Welfare Trust, etc.
The petitioner has also pleaded the court to issue direction that army should be prevented from secularism and the Islamic ideology be promoted within the forces. He further stated that a private company cannot work with the name of Bahria Town.
Earlier, in October 2013, the top court had accepted the petition for regular hearing and issued notices to all respondents, including Bahria Town.
During the hearing, Deputy Attorney General (DAG) Sohail Mahmood appearing on behalf of the federation has raised question over the maintainability of the petition, adding that it is also time-barred.
He also objected that instead of filing intra-court appeal against the LHC’s verdict, the petitioner had directly approached the apex court.
The DAG added that there is no legal bar on the security forces to run welfare organisations for their employees.
Aitzaz Ahsan, appearing on behalf of Bahria Town, requested the bench to give time for filing proper comments. The bench, however, allowed all the respondents to file their comments in this regard and adjourned the hearing until April 15.
Published in The Express Tribune, February 5th, 2015.
The apex court has issued notices to defence ministry and 14 other respondents over a 17-year-old plea, seeking a ban on the commercial activities of the armed forces.
The three-judge bench of the Supreme Court (SC), headed by Justice Ejaz Afzal Khan, took up on Wednesday a 17-year-old appeal against the Lahore High Court’s October 2, 1998 order, whereby the petition seeking a ban on the commercial activities was rejected.
The petition is moved by senior lawyer Habib Wahabul Khairi, who contended that national security is under threat due to involvement of armed forces in business activities.
He also requested the bench to direct the army chief for cancelling the names of all commercial companies, which are running in the name of armed forces including Bahria Town, Shaheen Foundation, Army Welfare Trust, etc.
The petitioner has also pleaded the court to issue direction that army should be prevented from secularism and the Islamic ideology be promoted within the forces. He further stated that a private company cannot work with the name of Bahria Town.
Earlier, in October 2013, the top court had accepted the petition for regular hearing and issued notices to all respondents, including Bahria Town.
During the hearing, Deputy Attorney General (DAG) Sohail Mahmood appearing on behalf of the federation has raised question over the maintainability of the petition, adding that it is also time-barred.
He also objected that instead of filing intra-court appeal against the LHC’s verdict, the petitioner had directly approached the apex court.
The DAG added that there is no legal bar on the security forces to run welfare organisations for their employees.
Aitzaz Ahsan, appearing on behalf of Bahria Town, requested the bench to give time for filing proper comments. The bench, however, allowed all the respondents to file their comments in this regard and adjourned the hearing until April 15.
Published in The Express Tribune, February 5th, 2015.