CJP Gulzar declares laws under which the army engages in commercial activities \u2018unconstitutional\u2019
\n ISLAMABAD
\nThe Chief Justice of Pakistan (CJP) Gulzar Ahmed on Tuesday questioned the military for conducting commercial activities on government land and said that the laws under which the army engages in commercial activities are \u201cunconstitutional\u201d.
\nThe chief justice made the observation while hearing a case against commercial activities on cantonment land. He asked how the army can even conduct commercial activities on state land. Secretary Defence retired Lt Gen Mian Hilal appeared before the court today and presented a report which was declared \u201cunsatisfactory\u201d by the court.
\nDuring the hearing, the chief justice asked whether building cinemas, wedding halls, schools and houses fulfil any defence-related purposes. The chief justice noted that all illegal buildings are being demolished in Karachi. He further noted that large walls have been erected on Karsaz road and the service road has been pushed further away from the road. He said cantonment land cannot be divided into different categories. Justice Ahmed remarked that the Pearl Marquee and Grand Convention Hall are still standing. \u201cThe wall running alongside Kala Pul and the Grand Convention Hall must be knocked down today,\u201d he said. \u201cLarge walls have been constructed on Karsaz and Rashid Minhas road for advertisements. This is state land,\u201d he added. Cinemas, petrol pumps, housing societies, shopping malls and marriage halls are not for defence purposes, the chief justice said, asking the attorney-general to inform the court \u201chow the Ministry of Defence can restrict their use to defence purposes\u201d.
\nJustice Ahmed said this practice is \u201cfound on cantonment board lands all over the country\u201d.
\n\u201cCSD has also been made an open, commercial department store,\u201d he said, referring to the Canteen Stores Department chain of retail stores headquartered in Rawalpindi.
\n\u201cA building was erected on Gizri Road overnight. We had barely woken up in the morning and they constructed the building,\u201d he continued. The chief justice said that it is \u201cnot possible to allow the army\u2019s illegal constructions to stand\u201d. \u201cIf we let these remain, how will we demolish the others?\u201d he remarked.
\n\u201cAttorney general sahab, who will explain the law to the army? They continue to do as they please. \u201cThe laws on the basis of which they engage in commercial activities are unconstitutional,\u201d Justice Ahmed said.
\nThen, to the defence secretary, he said: \u201cYou yourself have served as a general, you must know, it is not the law\u2019s intention that land to be used for defence purposes be used for any other purpose.\u201d If not used for defence, the land will go back to the government, he added.
\n\u201cSecretary sahab, if you are saying that commercial use is for defence purposes, then what does the term defence even mean?\u201d the chief justice asked.
\nThe defence secretary said: \u201cSir, if you allow me, I wish to say something.\u201d
\nHe went on to say: \u201cThe scope of the term strategic objectives is wide. Commercial activities also fall into the category of strategic defence. In times of peace, these activities are for welfare purposes and are carried out to keep the morale of the army high.\u201d
\nJustice Qazi Amin said: \u201cWe know that it is marketplace laws that operate in cantonments.\u201d
\nThe chief justice added: \u201cSecretary sahab, all that is fine, but where is the cantonment on these lands? There are only houses after houses there.\u201d The top judge said that army officials bought land, \u201cthen sold it off and left\u201d, after which the land exchanged several hands. \u201cHow will you get it back?\u201d he asked.
\nThe chief justice said that schools and wedding halls have also been set up at Faisal Base. \u201cAnyone could be running on the runway as a wedding guest,\u201d he remarked.
\nJustice Qazi Amin remarked that the army \u201cshould not compromise on its big goals for petty business\u201d. The army should take care of the sanctity of its institution, he added.
\nThe chief justice remarked that shopping malls have also been developed on defence land in Quetta and Lahore. \u201cIt is not clear how the Ministry of Defence plans on continuing these activities,\u201d he said.
\nAllotting houses to \u2018military\u2019s officers\u2019 nothing to do with defence
\nThe chief justice then asked the defence secretary what his plans ahead are, to which the secretary defence responded by saying that a committee of all the three military services has been formed which will identify illegal constructions.
\nJustice Ahmed said that cantonment land has to be returned to the government when defence objectives are met and that the government, in turn, returns it to the party from which it was acquired. \u201cGiving houses to top military officers does not fall under the ambit of defence purposes,\u201d he said. \u201cHow can the army carry out commercial activities on state land? State land cannot be exploited,\u201d he stressed.
\nAddressing the attorney general, the chief justice said that he must inform the defence secretary that the report he has submitted in court is \u201cincorrect\u201d. \u201cThe report states that the [illegally constructed] buildings have been demolished, whereas they still stand. This is a matter of shame for both the court and the army,\u201d Justice Ahmed said. He said that a comprehensive report should be submitted as to which cantonment land is designated for what purpose.\u201dAccording to the law, strategic land will only be used for defence purposes,\u201d he added.
\n The chief justice gave the defence secretary four weeks to submit a detailed report to the court.<\/p>\n","protected":false},"excerpt":{"rendered":"
CJP Gulzar declares laws under which the army engages in commercial activities \u2018unconstitutional\u2019 ISLAMABAD The Chief Justice of Pakistan (CJP) Gulzar Ahmed on Tuesday questioned the military for conducting commercial activities on government land and said that the laws under which the army engages in commercial activities are \u201cunconstitutional\u201d. The chief justice made the observation […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[2],"tags":[],"class_list":{"0":"post-230250","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-top-news"},"yoast_head":"\n