In a thorough ruling on the construction in Margalla Hills National Park, the Islamabad High Court (IHC) ruled on Wednesday that the Pakistan Army lacks the authority to directly or indirectly engage in business endeavors of any kind outside the scope of its composition or to assert ownership of public land.
As a result, the IHC ruled that the Navy Golf Course’s construction was illegal, urged the Ministry of Defence to look into the golf course, and ordered the Secretary of Defense to perform a forensic audit to determine the cost to the national exchequer.
“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 detailed judgment read.
The Pakistan Army Directorate’s ownership claim over 8,068 acres of land in the National Park was also denied by the court.
The lease agreement between the Farms Directorate of the Pakistan Army and the Monal Restaurant was also ruled to be invalid in the thorough ruling delivered by IHC Chief Justice Athar Minallah.
The 108-page full ruling also contained the report of the Islamabad Environmental Commission.
The government and state officials were required by the court to safeguard the Margalla Hills.
“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 IHC maintained.
The Pakistan Navy and Pakistan Army had broken the law by taking matters into their own hands, the court further ruled, which was a prime example of a weakening of the rule of law.
The state must act to remediate Margalla Hills’ harm, according to the IHC, in order to stop further devastation.
To read our blog on “Monal Restaurant will become a Wildlife Education Center,” click here.
