IHC Declares Navy Golf Course in Margalla Hills National Park Illegal

In a comprehensive 108-paged judgment issued by Islamabad High Court (IHC) regarding construction activities in Margalla Hills National Park, it was declared that Armed Forces have no power nor jurisdiction to, directly or indirectly, engage in business ventures of any nature nor to claim the ownership of state land.

Consequently, IHC declared the construction of the Navy Golf Course as unlawful, and also directed the Ministry of Defense to carry out an inquiry into the matter. IHC further instructed the Secretary of Defense, Lt Gen (Retd) Mian Muhammad Hilal Hussain, to conduct a forensic audit in order to evaluate the damage 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.”

Moreover, the court also withheld the ownership claim made by the Pakistan Army Directorate on 8,068 acres of land in the National Park.

The lease agreement of the Farms Directorate of the Pakistan Army with Monal Restaurant was also proclaimed illegal in the judgment issued by IHC Chief Justice Athar Minallah.

The detailed judgment also contained the report of the Islamabad Environmental Commission. As per the court, the state and government officials were responsible to protect the Margalla Hills.

The judgment read, “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 court further stated that the Pakistan Army and Pakistan Navy had breached the law, which is also an indication of the weakening rule of law in the country, and added that the state has to take extra measures to repair the damage done to the hills and also avoid further degradation.

It is important to know that, on 11 January 2022, the court issued a short order in which the allotment of 8,068 acres of land in the National Park to the Pakistan Army was notified as unlawful.

An 11-page judgment issued by IHC CJ Athar Minallah read, “The claim of Remount, Veterinary and Farms Directorate of Pakistan Army, regarding 8,068 acres of land in the notified National Park area is in violation of the Ordinance of 1979 read with the Ordinance of 1960 and the Master Plan”.

The judgment maintained, “The claim is also not in conformity with the enforced laws applicable to the management of lands for the use of the armed forces. The federal government was bereft of jurisdiction to allow the directorate to use 8,068 acres of land in the notified National Park area”.

The court’s judgment reminded the Armed Forces and their members of their constitutional oath, which they take in the name of Allah to uphold the Constitution and to serve this country in an honest and faithful manner as required by and under the law.

The judgment said, “Violation of law by members of the Armed Forces is definitely a breach of their constitutional oath and a transgression from the prescribed functions. The Pakistan Army nor its officers are authorized or mandated to undertake, directly or indirectly, any activity such as leasing government land for commercial purpose”.