Land for defence can’t be used for commercial activity: SC

ISLAMABAD: Chief Justice of Pakistan (CJP) Gulzar Ahmed Tuesday questioned the military for conducting commercial activities on the government land and said “the laws under which the army engages in commercial activities are unconstitutional".

The chief justice made the observation while hearing a case against commercial activities on cantonment land. He asked how the army can even conduct commercial activities on the state land. Secretary Defence Lt-Gen (retd) Mian Hilal appeared before the court on Tuesday and presented a report, which was declared "unsatisfactory" by the court.

The chief justice asked whether building cinemas, wedding halls, schools and houses fulfil any defence-related purposes. The chief justice noted that all illegal buildings are being demolished in Karachi. He noted that large walls had been erected on Karsaz Road and the service road had been pushed further away from the road. He remarked that the cantonment land could not be divided into different categories.

Justice Ahmed remarked that the Pearl Marquee and Grand Convention Hall were still standing. "The wall running alongside Kala Pul and the Grand Convention Hall must be knocked down today," he said. "Large walls have been constructed on Karsaz and Rashid Minhas Road for advertisements. This is state land," he added.

Cinemas, petrol pumps, housing societies, shopping malls and marriage halls were not for defence purposes, the chief justice said, asking the attorney-general to inform the court "how the Ministry of Defence can restrict their use to defence purposes".

Justice Ahmed said this practice was not limited to Karachi but "found on cantonment board lands all over the country". "CSD has also been made an open, commercial departmental store," he said, referring to the Canteen Stores Department chain of retail stores headquartered in Rawalpindi.

"A building was erected on Gizri Road overnight. We had barely woken up in the morning and they constructed the building," he continued. The chief justice said it was "not possible to allow the army's illegal constructions to stand.

"If we let these remain, how we will demolish the others?" he asked. "Attorney general sahab, who will explain the law to the army? They continue to do as they please. "The laws on the basis of which they engage in commercial activities are unconstitutional," Justice Ahmed said.

Then, to the defence secretary, he said: "You yourself have served as a general, you must know, it is not the law's intention that land to be used for defence purposes be used for any other purpose."

If not used for defence, the land will go back to the government, he added. "Secretary sahab, if you are saying that commercial use is for defence purposes, then what does the term defence even mean?" the chief justice asked.

The defence secretary said: "Sir, if you allow me, I wish to say something." He went on to say: "The scope of the term strategic objectives is wide. Commercial activities also fall into the category of strategic defence. In times of peace, these activities are for welfare purposes and are carried out to keep the morale of the army high."

Justice Qazi Amin said: "We know that it is marketplace laws that operate in cantonments." The chief justice added: "Secretary sahab, all that is fine, but where is the cantonment on these lands? There are only houses after houses there."

The top judge said that army officials bought land, "then sold it off and left", after which the land exchanged several hands. "How will you get it back?" he asked. The chief justice said that schools and wedding halls have also been set up at Faisal Base. "Anyone could be running on the runway as a wedding guest," he remarked.

Justice Qazi Amin remarked that the army "should not compromise on its big goals for petty business". The army should take care of the sanctity of its institution, he added. The chief justice remarked that shopping malls have also been developed on defence land in Quetta and Lahore. "It is not clear how the Ministry of Defence plans on continuing these activities," he said.

The chief justice then asked the defence secretary what his plans ahead are, to which the secretary defence responded by saying that a committee of all the three military services has been formed which will identify illegal constructions.

Justice Ahmed said that cantonment land has to be returned to the government when defence objectives are met and that the government, in turn, returns it to the party from which it was acquired.

"Giving houses to top military officers does not fall under the ambit of defence purposes," he said. "How can the army carry out commercial activities on state land? State land cannot be exploited," he stressed.

Addressing the attorney general, the chief justice said that he must inform the defence secretary that the report he has submitted in court is "incorrect". "The report states that the [illegally constructed] buildings have been demolished, whereas they still stand. This is a matter of shame for both the court and the army," Justice Ahmed said.

He said that a comprehensive report should be submitted as to which cantonment land is designated for what purpose. “According to the law, strategic land will only be used for defence purposes," he added. The chief justice gave the defence secretary four weeks to submit a detailed report to the court.