Margalla Hills case
\n Islamabad
\nThe Pakistan Army is not authorised or empowered to undertake commercial activities outside its domain for welfare purposes unless expressly permitted by the federal government, said the Islamabad High Court\u2019s (IHC) detailed judgement issued on Wednesday in a case pertaining to encroachments in Margalla Hills National Park.
\nIn January, the IHC had ordered capital authorities to seal off Monal Restaurant and take control of the Margalla Greens Golf Club built on encroached land. It had also declared illegal the military\u2019s claim to 8,000 acres of Margalla Hills National Park.
\nThe decision to seal Monal Restaurant was later suspended by the Supreme Court in March.
\nIn the case\u2019s 108-page detailed judgement issued today, IHC Chief Justice Athar Minallah noted that the Pakistan Army Act, 1952, the Air Force Act, 1953 and the Pakistan Navy Ordinance, 1961, were promulgated to regulate the respective branches of the armed forces and their discipline.
\nThe Pakistan Army has no power nor jurisdiction to, directly or indirectly, engage in business ventures of any nature outside its composition nor to claim the ownership of state land,\u201d the judgement said, adding that the military\u2019s constitutionally defined roles were to defend Pakistan and act in aid of civil power if called upon to do so.
\n\u201c[Neither] the Pakistan Army nor its officers are authorised or mandated to undertake, directly or indirectly, any activity such as leasing government land for commercial purpose,\u201d the judgement said.
\nRegarding the military\u2019s claim to 8,000 acres, the detailed judgement said that it could not own or acquire land given for its use other than as provided under the Constitution and the relevant laws.
\n\u201c[Neither] the Pakistan Army nor any other branch of the armed forces can claim the ownership of the land allocated by the federal government for its use.\u201d
\nThe judgement said the military\u2019s stance regarding the claimed acres of land was \u201catrocious and in violation of the scheme of the Constitution and the applicable laws\u201d.
\n\u201cIt is disturbing to note that the enforced laws are being flagrantly violated by institutions in disregard to the scheme contemplated under the Constitution.
\n\u201cThe urge of state institutions to act as a state within the state is obvious from the above discussed facts,\u201d the judgement noted.
\nIt said the acts and stances of the army had \u201cprofound consequences\u201d for the rule of law. \u201cThey acted on their own and while doing so they have seriously undermined the rule of law in derogation to their declared functions under the Constitution.
\n\u201cThe sanctity of the protected and preserved notified area of the Margalla Hills has been desecrated,\u201d the judgement said.
\nThe chief justice criticised state institutions for their \u201cwillful and brazen disregard and abuse of the enforced laws\u201d.
\n\u201cThe complacency of state institutions in environmental degradation and their willful disregard for the enforced laws have been obvious during these proceedings, while accountability seems to be alien in the system of governance practiced within the 1400 square miles of the Islamabad Capital Territory,\u201d he observed.
\nJustice Minallah added that the cases on which the judgement was based and their proceedings symbolised the role of state institutions in undermining the rule of law and refusing to protect the assets which belong to the people.
\nRegarding the Margalla Hills, the judgement said the Capital Development Authority (CDA) did not have the power or jurisdiction to interfere in matters pertaining to them and thus, commercial activities such as construction of buildings and food outlets were in violation of the relevant laws.
\n\u201cRegrettably, most illegal encroachments in the notified area of the Margalla Hills have been made by state institutions\/entities such as Pakistan Navy, Pakistan Air Force, etc. The CDA was either complacent or seemed to be helpless,\u201d the judgement pointed out.<\/p>\n","protected":false},"excerpt":{"rendered":"
Margalla Hills case Islamabad The Pakistan Army is not authorised or empowered to undertake commercial activities outside its domain for welfare purposes unless expressly permitted by the federal government, said the Islamabad High Court\u2019s (IHC) detailed judgement issued on Wednesday in a case pertaining to encroachments in Margalla Hills National Park. In January, the IHC […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":{"0":"post-271010","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-top-news"},"yoast_head":"\n