ISLAMABAD - A division bench of the Islamabad High Court (IHC) on Monday sought a report from secretary cabinet division regarding implementation of a verdict of a single bench about Naval Farms and Naval Sailing Club.
The two-member bench of the IHC comprising Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb conducted hearing of the Intra Court Appeal (ICA) moved by former Naval Chief Zafar Mahmood Abbasi through his counsel Ashtar Ausaf Advocate challenging the decision of a single bench which had declared Naval Farms and Naval Sailing Club as illegal.
During the hearing, Justice Miangul Hassan asked from the additional attorney general that whether the decision of IHC was presented to the Prime Minister and cabinet regarding above mentioned matter.
The judge remarked that the secretary cabinet was directed to submit its report before the court and asked that what were the updates about this matter?
The additional attorney general replied that he would be able to inform the bench in this connection after taking the instructions. At this the court directed him to submit the report on the next hearing or the secretary cabinet appear before the court to answer the matter.
Earlier, the counsel for the petitioner Ashtar Ausaf Advocate stated before the court that the single member bench had given the relief in its judgment which was not requested by the petitioner. The said petition was even not maintainable, he added.
He said that the petitioner had not requested for the initiation of a criminal case against his client. His client had been an officer in Pakistan Navy for 45 years and headed it from 2017 to 2020.
The counsel said that the former navy chief had done no illegal act but the federal government was directed by the single member bench to take legal action against him.
At this, Justice Aamer remarked that whether the Pakistan Navy was authorised to purchase the land at its own. The court observed that only the defence ministry could purchase the land for it as it was the controlling ministry.
Ashtar Ausaf informed the court that the Centre was established a quarter-century ago under the policy directives issued expressly by the then Prime Minister of Pakistan/Federal Government, wherein it was directed that a facility be built at Rawal Lake, among five other locations, and that Rs20 million be disbursed vide Prime Minister’s Secretariat.
In the ICA, he said that although the entire judgment revolves around the interpretation of various provisions of the Constitution, no notice under Order XXVII-A, Code of Civil Procedure was issued to the Attorney General for Pakistan. This is in violation of the law declared by the apex court binding on the learned Chief Justice in Chambers.
“The learned Chief Justice has fallen in error, it is stated with respect, by giving a restrictive interpretation of the Constitution. It is trite that a Constitution does not lay down perimeters of micromanagement of agencies. It lays down broad outlines. It is not restrictive but descriptive. It is equally trite that what is not prohibited is permissible. If the judgement is allowed to stand all activities such as establishment of schools, colleges, universities hospitals, charitable organisations, centres of excellence. Sports activities being carried out by all branches of the armed forces shall be set at naught. Surely such a restrictive interpretation of the Constitution was never envisaged by the framers of the Constitution,” said the ICA.
Therefore, the counsel prayed that in light of the foregoing, it is humbly submitted that the instant appeal be allowed, and the impugned judgment dated 07.01.2022 be set aside.
Later, the court deferred the hearing till January 19 for further proceedings.