If illegal constructions of the army are not looked into, how will the rest be demolished? CJ SC

During hearing of the case against commercial activities on Cantonment Land in SC, the court declared report of Secretary Defense unsatisfactory.

Chief Justice of Pakistan Justice Gulzar Ahmed has remarked that all illegal buildings in Karachi are being demolished. It is not possible to give up the illegal constructions of the army.

During hearing of case against commercial activities on Cantonment Land in Supreme Court, court declared report of the Secretary Defense unsatisfactory. At the request of Attorney General, court allowed withdrawal of report.

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In his remarks, Chief Justice further said that army is for defense of country and not for business. Constructions of the army like, Building, cinemas, wedding halls and houses is a defensive activity. Attorney General, who will explain law to the army? There is no legal assistance with the army. They do whatever they want.

Chief Justice said that laws under which army conducts commercial activities are unconstitutional. Service road in Karsaz was also built with huge walls. Cantonment land cannot be divided into different categories. Karsaz and Rashid. Large advertising walls have been erected on Minhas Road, Pearl Marquee and Grand Convention Hall are still standing, Wall with Kalapul and Grand Convention Hall demolished today.

Chief Justice further remarked that schools and wedding halls have also been set up at Faisal Base. Anyone would be running on the runway as a wedding guest. It is being said Masroor and Korangi airbases are being closed. They will close down the base and start commercial activities there. Cantonment land has to be returned to government when defense objectives are met.

Justice Qazi Amin remarked that he did not understand why army needed to carry out business activities. Military should not compromise on its big goals for petty business, military should take care of the sanctity of its institution.

Chief Justice said that this is not only a problem of Karachi but also of whole country. Shopping malls are also being set up on defensive land in Quetta and Lahore. It is not clear how the Ministry of Defense will maintain these activities. Homelessness is not for defense purposes, how can the army carry out commercial activities on state land? State land cannot be exploited.

Chief Justice said that overnight the army has erected a huge building on Gizri Road, how can a retired major lease land for global marquee? What is the authority of the retired major to lease defense land? Army has not taken any action against retired major. Millions of rupees are being earned daily from global market.

Chief Justice raised question that if the constructions of the army like cinema, wedding hall and house is a defense activity then what will be the defense? Reason for building such huge walls is not understood.

Justice Qazi Amin remarked there are cantonments for garrison and accommodation for military activities. CSD used to be for army only but now every servant is going there. And laws will be examined in light of  constitution, army is for the defense of country and not for doing business. Court asked the defense secretary to submit an implementation report within four weeks.

It is to be noted that two major decisions have come from Supreme Court today. Apart from harsh remarks in  cantonment land case, the court has also granted bail to Ali Wazir, Member National Assembly, arrested from December 16, 2020.

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