GHQ was against cancellation of military land allotment to 54 civilian officers

ISLAMABAD: GHQ has been asking the government to treat the allotment of military land to around 54 civilian officers in Punjab during Musharraf’s tenure – recently cancelled by the LHC--as a “past and closed transaction”.

Official sources reveal that a summary was moved to the then chief minister by the senior member, Board of Revenue, Punjab on April 9, 2009 stating that the Director General GHQ, Rawalpindi called on the senior member on March 5, 2009 at the Board of Revenue, Punjab.

The CM was informed that a follow-up formal meeting was also held on March 24, 2009 at the GHQ, Rawalpindi. The army officers stated that the matter was discussed right up to the level of Chief of Army Staff, who was of the view that allotments made to the civil officers should be treated as a closed chapter. However, for future allotments, modalities could be worked out in consultation with the provincial government / Board of Revenue.

The following suggestions were made in the summary: As per the request of GHQ (duly cleared by the then army chief) the matter of allotment of GHQ land to civil officers in the Punjab may be considered as a closed chapter. For any future allotments by GHQ to civil officers, a transparent criteria and method should be evolved by the army authorities in consultation with the provincial government and Board of Revenue.

The then chief secretary, Punjab on April 11, 2009 recorded the following view on the GHQ’s stance: “We are grateful to the army for their gesture but it does not augur well for the civil services & overall good governance. We need to reiterate our position (of cancelling the allotment)”

The then Chief Minister Shahbaz Sharif rejected the summary on February 28, 2012 with the following directions: “Chief Minister has seen. Thanks. No further action”

Eight beneficiary officers filed a writ petition against the order of cancellation of allotments. On June 25, 2013, the Lahore High Court, in writ petition No.2476 / 2010 titled Sikandar Ali etc. versus Province of the Punjab, set aside the order of cancellation conveyed vide a letter dated March 22, 2010. The operative part of the order reads: “In view of the matter, order dated 22-03-2010 passed by Secretary Colonies, Board of Revenue, Punjab is set aside with the directions to the Member (Colonies) Board of Revenue, Punjab to decide the matter afresh in accordance with law after considering all the legal and factual submissions made by the parties and after following due process required under the law.”

Nothing moved on this matter during the Shahbaz Sharif government but after his departure and during Usman Buzdar’s government, Maj. General, DG Lands Pak Army in a letter dated November 12, 2019 conveyed to the government: “GHQ made allotment under the policy/scheme approved by the President/Chief Executive of Pakistan. All the orders of the President/Chief Executive of Pakistan were subsequently given constitutional protection and also upheld by the august Supreme Court of Pakistan. Thus, the allotment was legitimate. It is also added that similar allotments were made with the approval of the then Chief of Army Staff/President of Pakistan in other provinces also. Therefore, the government should not take any unilateral action. Further recommended that allotment made in favour of the civil officers/officials shall be considered as past and closed chapter and cancellation may be withdrawn.”

However, it was pointed out by the bureaucracy that the stance that the orders of the President/Chief Executive were given protection by the SC no longer holds. The judgment protecting the acts of the president/chief executive was overturned by a 14-judge bench of the August Supreme Court of Pakistan in the PCO judges case dated July 31, 2009. The parliament, though the 18th Constitutional Amendment passed on April 20, 2010, amended Article 270-AA and reduced the indemnity to acts till December 31, 2003.

Besides, it was said, that under the Army Welfare Scheme issued by the Punjab government, GHQ makes recommendations for the allotment of land to soldiers, sailors and airmen of all ranks who are recipients of awards for acts of gallantry and other distinguished services to the state, or in case of posthumous awards, to their heirs.

But the member colonies initiated the summary with the request that chief minister Punjab may take an explicit decision whether to withdraw the letter dated March 22, 2010 in which the cancellation of the impugned allotments were made.

The chief minister Punjab referred the matter to the standing committee of the cabinet on legislative business for its consideration. The matter was accordingly placed before the committee in its 21st meeting held on February 14, 2020. The committee recommended the following proposals to the chief minister for approval: “ As per request of GHQ, the matter of allotments by GHQ to 54 civil officers in the Province of Punjab from allotted state land may be considered as a closed chapter. For any future allotments by GHQ to civil officers, a transparent criteria & method may be evolved by the Army authorities with the approval of Chief Minister/Board of Revenue, Punjab and in no case shall GHQ make allotments directly to any civil officers.”

The Standing Committee of the Cabinet on Legislative Business considered and recommended the proposals to the chief minister for approval. Following the committee’s recommendations, the chief minister issued the following order on March 24, 2020: “Chief Minister has seen and is pleased to approve the recommendations of the Standing Committee of the Cabinet on Legislative Business as contained in para 67/ante subject to ratification by provincial cabinet.”