BBC News
January 7, 2022
The High Court in Islamabad, the capital of Pakistan, has declared illegal the Navy Sailing Club built by Pakistan Navy on the banks of Rawal Dam and ordered to demolish it within three weeks. Has ordered criminal action against.
The court also ruled that the permit issued for the construction of naval farms was illegal and said that the Federal Development Agency (FDA) did not have the authority to issue the NOC.
A bench of the Islamabad High Court (IHC) headed by Chief Justice Athar Minallah on Friday issued a 45-page written judgment on the petitions filed against the housing project and club projects launched under the management of Pakistan Navy. What is it.
The written decision said that former Naval Chief Admiral Zafar Mahmood Abbasi violated his constitutional duty by inaugurating an illegal building (Navy Sailing Club) on the encroached land in violation of his oath. It was inaugurated despite the fact that notices had been issued by the CDA and the Small Dams Organization."
The written decision states that the Chief of Naval Staff and other officers involved in the construction and opening of this illegal sailing club are liable to criminal proceedings. Authorities must ensure that criminal proceedings against those responsible are initiated immediately."
It was further said that the federal government should initiate proceedings against Admiral Zafar Mahmood Abbasi under the Ordinance 1961 for misconduct.
It is to be noted that this decision was reserved after the hearing on Thursday.
The court said that former chief of the army Admiral Zafar Mahmood Abbasi violated the charter via inaugurating the unlawful building of the membership."
The choice said that the unlawful constructing of Naval crusing membership ought to be demolished and the implementation report have to be submitted to the court docket inside 3 weeks.
The choice also states that the Pakistan army does not have the authority to adopt a "actual estate venture" and that the call of the Pakistan army or another nation entity could not be used for such enterprise.
The written decision stated that the mandate of the armed forces was clearly defined inside the constitution and beneath this mandate the Pakistan navy had no authority to be immediately or circuitously worried in any actual estate project. consequently, launching Naval Farms task by way of Pakistan military turned into beyond the jurisdiction of (military) and unlawful.
The selection ordered the Pakistan military to quit all sports at Rawal Lake and go back all illegally occupied land to the Small Dams employer. The Auditor preferred of Pakistan has been directed to behavior forensic audit of sailing membership and army Farms, but, the damage to the national exchequer may be envisioned. All damages to the exchequer through this unlawful act should be recovered from the officers who're determined to be worried in this unlawful act."
the decision stated that it turned into ironic that inside the entire affair, one arm of the chief of Naval staff and the defense force, namely Pakistan military, become determined to have violated the regulation and violated the mandate laid down below the charter of the u . s . a ..
it may be recalled that a petition in opposition to the construction of army membership on the banks of Rawal Dam was filed by using a woman named Zeenat Saleem in which it become said that in keeping with the order of the ideal court docket, production in Islamabad national Park is unlawful due to its herbal environment. Is affected.
In a written decision, the court docket directed the worried government to provide security to the petitioner Zeenat Saleem and her husband in this example and to ensure that the petitioner become no longer burdened in any way on the basis of this choice. go
Zeenat Saleem had said in her petition that water is supplied to Rawalpindi metropolis from Rawal Dam. consequently, environmental pollutants will unfold from the crusing membership on the banks of Rawal Dam.The case has been pending inside the Islamabad excessive courtroom considering July 2020.first of all,the army officers had taken the position that during 1991,the authorities of Pakistan had allotted this space to the Pakistan military for crusing practice.
for the duration of the hearing, the leader Justice of the Islamabad excessive courtroom had remarked that there was no denying the sacrifices of the army for the united states but the souls of folks that gave their lives for the u . s . a . have been being harmed with the aid of such unlawful acts.
during the listening to, the courtroom had issued observe to the then leader of Naval workforce in response to which the Naval chief had said that the national Water sports activities center has been with the Pakistan army for the final 25 years at the instructions of the Federal government The intention is to construct the capability of young athletes in water sports.
He said that the task of equipping and upgrading the center with contemporary centers for the improvement of water sports in Pakistan turned into finished in July 2020 with 255fb4167996c4956836e74441cbd507 price range and did no longer use private cash. He requested the court docket to look into the matter within the wider country wide interest.
during the listening to of these petitions, the court had additionally issued be aware to the Capital improvement Authority of Islamabad in July last year, which knowledgeable the court that notice had been issued to Pakistan navy crusing membership for its illegal and unauthorized creation. ۔
the awareness issued by the building manipulate section of the CDA directed the Pakistan military crusing membership to right away prevent the unlawful and unauthorized construction of the club building.The notification said, The authority's observe another time states that unlawful creation sports have been resumed and the membership has been re-activated. however we need to prevent. "on the equal time it was written that "you're directed to at once forestall the illegal / unauthorized creation work and the lively sports of the Pakistan navy crusing club".
meanwhile, the matter got here to the fore on a petition filed in the ideally suited court docket by using Zeenat Saleem, a complainant regarding Pakistan Naval Farms in the case of creation on the beaches of Rawal Lake. The notices had been issued by way of the Naval personnel, legal professional wellknown of Pakistan and the Capital improvement Authority (CDA).
The Naval membership, constructed on the seashores of Rawal Lake, was run on a business basis and millions of rupees have been accrued from non-public within the shape of membership charges of this club.
The membership charge for contemporary provider and retired employees of the militia of Pakistan is Rs. 10,000, Rs. 1.5 million for bureaucrats and Rs. 600,000 for businessmen and diplomats.
The court docket in its order had ordered to prevent the commercial sports inside the Naval membership but inside the in the meantime it changed into delivered to the attention of the courtroom that in spite of the order of the court the economic activities are happening there on which the court expressed anger and the head of the bench In his remarks, he said that the elite elegance in the federal capital absolutely ignores court docket orders, which offers the affect that there's no rule of law in Islamabad.
Naval government had allegedly constructed a membership and barred the general public from entering the vicinity, and people were not allowed to fish in the place.
it's miles pertinent to mention right here that a petition in opposition to the wall constructed across the Naval Head Quarters in the Islamabad excessive court docket is likewise pending in the Islamabad high courtroom and all through the hearing of this petition additionally harsh remarks have been made by way of the court. ۔
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