ISLAMABAD - The Islamabad High Court (IHC) Friday declared the Pakistan Naval Farms and Naval Sailing Club as illegal and directed to demolish building of the Club within three weeks.
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah announced the verdict in two identical petitions moved by Zeenat Salim and Nasir Ali challenging the acts of the Pakistan Navy regarding developing and managing a private real estate venture, Pakistan Naval Farms and the alleged illegal occupation of land and the construction of a Club House in the notified protected area of the National Park.
The IHC bench observed in its 45-page written order that it is ironic that, in the case in hand, the Chief of Naval Staff and one of the branches of the Armed Forces i.e. the Pakistan Navy were involved in violating the enforced laws and transgressions from the mandate prescribed under the supreme law of the country, the Constitution.
It stated that the most disturbing factor was the conflict created by one of the branches of the Armed Forces with the society and its citizens. Any such conflict is intolerable in a society governed under the Constitution.
According to the court verdict, the Armed Forces have a unique and special status under the Constitution. Because of the unique status certain attributes of the Armed Forces become intrinsic. They must be respected by the society and the people they serve ought to have confidence in their neutrality, professionalism, discipline and commitment with the mandate prescribed under the Constitution. It further said that no society can afford its Armed Forces becoming controversial and they do not when they remain confined to their constitutional role. Transgression from the prescribed mandate exposes the Armed Forces to conflict with the society and its citizens. The Armed Forces of Pakistan enjoy a special and unique status in the society because of the restricted role under the Constitution.
The court maintained that engagement of the Armed Forces in an activity which is a transgression from the constitutional mandate e.g. undertaking commercial or real estate ventures etc. is definitely not in the public interest.
The IHC Chief Justice said, “In the case in hand, the engagement of the Chief of Naval Staff and other officers involved in the affairs of the PN Farms and the illegal construction of the Sailing Club are responsible for transgressing their constitutional mandate and tarnishing the image of their institution.”
He added that their acts and conduct relating to these two ventures are a disrespect to the brave officers and soldiers, particularly the heroic martyrs and their loved ones. Such acts cannot be condoned because of the profound consequences for the actual stake holders i.e. the people of Pakistan.
Justice Athar noted, “As already discussed, the ventures of the PN Farms and the Sailing Club were directly or indirectly undertaken by the Pakistan Navy illegally, without lawful authority and in violation of the constitutional mandate. Both the ventures were executed in violation of the enforced law. The relevant authorities and regulators looked the other way and felt satisfied with the issuance of notices as a mere formality. This apathy of public functionaries and regulators is not confined to the case in hand but, rather, it appears to be a persistent phenomenon.”
Therefore, the court declared that the name of Pakistan Navy nor of any State institution can be used directly or indirectly for a real estate venture having no concern with the functions of such an institution or department. The mutation of land in the name of an office of the headquarters of the Pakistan Navy was unconstitutional, illegal and in violation of the scheme of law described above.
It further said that CDA was not empowered to issue the NOC in favour of an office of the headquarters of the Pakistan Navy and the NOC was issued without lawful authority and jurisdiction.
The IHC bench directed the CDA to forthwith resume and take over the land covered under the purported NOC and thereafter proceed strictly in accordance with the Ordinance of 1960 and the regulations made there under while a fortnightly report regarding actions taken shall be submitted to the Registrar of this Court.
It further said, “The Pakistan Navy had trespassed on the land situated on the embankment of Rawal Lake and that too in a protected national park area. The occupation of the land was illegal, without lawful authority and jurisdiction. The construction of the Sailing Club on trespassed land was illegal and a grave violation of the enforced laws discussed above.”
“The building of the Sailing Club shall be demolished within three weeks so that rule of law could be restored and it shall not be regularized in any manner for having been illegally constructed in an ecologically sensitive area in violation of the mandatory provisions of the Act of 1997,” added the bench.
It continued that Admiral Zafar Mehmud Abbassi NI(M), Chief of Naval Staff, violated his oath and transgressed his constitutional duty by inaugurating an illegal building on encroached land in violation of the Act of 1997 and the Ordinance of 1960.
Justice Athar said, “Admiral Zafar Mehmud Abassi NI(M), Chief of Naval Staff and other officers involved in the illegal construction and inauguration of the Sailing Club have made themselves liable to criminal proceedings under section 46 and section 19 of the Ordinance of 1960 and the Act of 1997 respectively. The competent authorities under the respective laws shall ensure that criminal proceedings are initiated forthwith.”
He directed, “The Federal Government shall proceed against Admiral Zafar Mehmud Abassi NI(M) under the Ordinance of 1961 for acts and omissions amounting to misconduct on his part.”
The IHC CJ added that the Pakistan Navy shall forthwith cease all its activities on Rawal Lake and hand over the trespassed land to the Small Dams Organization. The Board of Islamabad Wildlife Management constituted under the Ordinance of 1979 shall endeavour to restore the habitat in the surrounding area of the lake in consultation with the Authority and the Small Dams Organization and subject to recommendations made by the Commission appointed herein.
The judge maintained that the Small Dams Organization and the CDA shall ensure that all the activities in the reservoir, except as necessary for the purposes of the safety or maintenance of the dam, shall forth with cease in order to protect the habitat from further damage and the reservoir from being polluted.
The court also appointed Dr Pervaiz Hassan, senior advocate of Supreme Court, as a one person Implementation Commission for giving effect to the recommendations made in the report attached with the judgment regarding Rawal Lake and to investigate the environmental damage caused to the reservoir of Rawal Lake and its surrounding areas. The Commission will be assisted by the Secretary, Climate Change and the Director General, Environmental Protection Agency. The Commission shall make recommendations for restoring the reservoir and its surrounding areas as a habitat for various species, particularly the migratory birds.
The court verdict further said that the Auditor General of Pakistan shall conduct a forensic audit of PN Farms and the Sailing Club to ascertain the loss caused to the exchequer. The loss to exchequer shall be recovered from the officers found responsible for committing illegalities in relation to the respective ventures.