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CJP declares legal guidelines beneath which army engages in business actions ‘unconstitutional’


    Chief Justice of Pakistan Gulzar Ahmed.  - APP / FILE
    Chief Justice of Pakistan Gulzar Ahmed. – APP / FILE

    ISLAMABAD: Pakistan Chief Justice Gulzar Ahmed on Tuesday mentioned the legal guidelines beneath which the Pakistani army engages in business actions are “unconstitutional”.

    The Chief Justice made this remark whereas listening to a case in opposition to business actions on Cantonment land.

    He requested how the military might additionally keep on business actions on the state’s land.

    Defense Secretary Retired Lt Gen Mian Hilal at this time appeared earlier than the court docket and submitted a report which the court docket declared as “unsatisfactory”.

    During the listening to, the Chief Justice requested whether or not the development of theatres, wedding ceremony halls, colleges and homes serves any defence-related function.

    The Chief Justice mentioned that every one unlawful buildings are being demolished in Karachi. He additional mentioned that vast partitions have been erected on Karsaz Road and the service highway has been additional faraway from the highway.

    He mentioned that the Cantonment land can’t be divided into totally different classes.

    Justice Ahmed remarked that the Pearl Marquee and the Grand Convention Hall nonetheless stand.

    “The wall running along the Art Bridge and the Grand Convention Hall should be pulled down today,” he mentioned.

    “Big walls have been constructed for advertisements on Karsaz and Rashid Minhas Road. This is the state’s land,” he mentioned.

    Cinemas, petrol pumps, housing societies, purchasing malls and marriage halls usually are not meant for protection functions, the Chief Justice requested the Attorney-General to tell the court docket “how the Defense Ministry can restrict their use for defense purposes”. “.

    Justice Ahmed said this practice is “discovered on Cantonment Board lands all around the nation”.

    Referring to the Canteen Store department chain of retail stores headquartered in Rawalpindi, he said, “CSD has additionally been made an open, business division retailer.”

    He added, “A constructing was erected in a single day on Gijri Road. We barely obtained up within the morning they usually constructed the constructing.”

    The Chief Justice observed that “it’s not potential to permit unlawful constructions of the military to face”. “If we let these be, how are we going to demolish the others?” He commented.

    ” Attorney General SirWho will clarify the legislation to the military? They proceed to do what they need.

    “The laws on the basis of which they indulge in commercial activities are unconstitutional,” Justice Ahmed mentioned.

    Then, to the Secretary of Defense, he mentioned: “You yourself having served as a general, you should know, it is not the intent of the law that land used for defense purposes should be used for any other purpose.” to be achieved.”

    He said the land would go back to the government if it was not used for defence.

    “Secretary Sir“If you are saying that the commercial use is for defense purposes, then what is the meaning of the word defence too?” requested the Chief Justice.

    The Defense Secretary mentioned: “Sir, if you allow me, I want to say something.”

    He additional mentioned: “The term strategic objectives is broad in scope. Commercial activities also come under the category of strategic defence. In times of peace, these activities are for welfare purposes and to maintain the morale of the army. High.”

    Justice Qazi Amin mentioned: “We know that it is the market laws that operate in the cantonments.”

    The Chief Justice mentioned: “Secretary SirAll is well, but where is the camp on these lands? There are houses after houses.”

    The high choose mentioned the military officers purchased the land, “then sold it and left it”, following which the land was exchanged amongst a number of arms. “How do you get it back?” He requested.

    The Chief Justice mentioned that colleges and wedding ceremony halls have additionally been arrange at Faisal Base. “Anyone can walk the runway as a wedding guest,” he remarked.

    Justice Qazi Amin remarked that the army “should not compromise on its larger goals for small business”.

    He mentioned that the military ought to handle the sanctity of its establishment.

    The Chief Justice remarked that purchasing malls have additionally been developed on protection land in Quetta and Lahore. “It is not clear how the Defense Ministry plans to continue these activities,” he mentioned.

    Four weeks time to submit detailed report back to Defense Secretary

    The Chief Justice then requested the Defense Secretary what his plans have been going ahead, to which the Defense Secretary replied saying {that a} committee of the three army companies had been shaped which might determine unlawful constructions.

    Justice Ahmed mentioned that the cantonment land must be returned to the federal government in case of protection functions and the federal government would in flip return it to the occasion from whom it was acquired.

    “Giving homes to top military officers does not fall within the purview of defense purposes,” he mentioned.

    “How can the army do commercial activities on state land? State land cannot be exploited,” he insisted.

    Addressing the Attorney General, the Chief Justice mentioned he ought to inform the Defense Secretary that the report he has offered in court docket is “incorrect”.

    “The report states that [illegally constructed] The buildings have been demolished while they are still standing. It is a matter of shame for both the court and the army.”

    He mentioned that for what function a complete report ought to be submitted relating to which Cantonment land has been designated. “As per the law, the strategic land will be used for defense purposes only,” he mentioned.

    The Chief Justice gave the Defense Secretary 4 weeks to submit the detailed report back to the court docket.


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