The Islamabad High Court (IHC) has ruled that it is illegal for the armed forces to 'directly or indirectly' engage in business ventures that fall out of the jurisdiction and mandate of the Pakistan Army, which, it added, had no power to claim ownership of state land.
The ruling, which was given today (Wednesday), declared the Navy Golf Course in Islamabad illegal, and ordered the Ministry of Defence to launch an inquiry and conduct an audit to determine the extent of the financial damage to the national exchequer, according to a report by The Express Tribune.
In a detailed judgment, the IHC said, "Since the command and control of the Armed Forces vests in the Federal Government, therefore, no branch can undertake any activity or perform functions outside their respective establishments unless expressly directed or called upon to do so. The unique responsibilities have been prescribed under the Constitution and, therefore, obedience to the provisions ibid and law is an inviolable obligation of every branch and member of the Armed Forces as provided under Article 5."
The Pakistan Army Directorate's claim on 8,068 acres of land in the Margalla Hills National Park was also rejected.
Also declared illegal was the lease agreement by the Pakistan Army Farms Directorate with Monal Restaurant.
“It is the responsibility of the state to take action against those who violate the fundamental rights of the people, however, it is ironic that state institutions are also involved in desecrating the Margalla Hills protected area,” the judgement issued by IHC Chief Justice Athar Minallah stated.
The court further added that the Pakistan Army and Navy had violated the law by taking it into their own hands.
"The Pakistan Army nor its officers are authorized or mandated to undertake, directly or indirectly, any activity such as leasing government land for commercial purpose".
The ruling, which was given today (Wednesday), declared the Navy Golf Course in Islamabad illegal, and ordered the Ministry of Defence to launch an inquiry and conduct an audit to determine the extent of the financial damage to the national exchequer, according to a report by The Express Tribune.
In a detailed judgment, the IHC said, "Since the command and control of the Armed Forces vests in the Federal Government, therefore, no branch can undertake any activity or perform functions outside their respective establishments unless expressly directed or called upon to do so. The unique responsibilities have been prescribed under the Constitution and, therefore, obedience to the provisions ibid and law is an inviolable obligation of every branch and member of the Armed Forces as provided under Article 5."
The Pakistan Army Directorate's claim on 8,068 acres of land in the Margalla Hills National Park was also rejected.
Also declared illegal was the lease agreement by the Pakistan Army Farms Directorate with Monal Restaurant.
“It is the responsibility of the state to take action against those who violate the fundamental rights of the people, however, it is ironic that state institutions are also involved in desecrating the Margalla Hills protected area,” the judgement issued by IHC Chief Justice Athar Minallah stated.
The court further added that the Pakistan Army and Navy had violated the law by taking it into their own hands.
"The Pakistan Army nor its officers are authorized or mandated to undertake, directly or indirectly, any activity such as leasing government land for commercial purpose".