The Islamabad High Court (IHC) has declared the construction of the Navy Golf Course in the Margalla Hills National Park illegal and directed the Defense Ministry to investigate the illegal construction of the golf course.
In a comprehensive 108-page verdict, the court also ordered the defense secretary to carry out a forensic inspection to assess 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,” the verdict reads.
Moreover, the IHC also rejected the claim of ownership of the Pakistan Army Directorate on 8,068 acres of land in the National Park.
Read more: Monal restaurant, Navy golf course among 79 encroachments in Margalla Hills National Park
The court also denied the claim of the Remount, Veterinary and Farms Directorate of the Pakistan Army regarding the ownership of 8068 acres of land in the national park.
The lease contract of the Remount, Veterinary and Farms Directorate of Pakistan Army with Monal Restaurant was also stated illegal by the IHC.
IHC Chief Justice Athar Minallah penned down the verdict on navy golf course before leaving for the Eid holidays, and afterward, it was released on Wednesday.
“The state and the government officials are bound to protect the Margalla Hills,” said the court.
“The state has the responsibility to take action against those who violate the fundamental rights of the people,” it maintained.
“Ironically, the state institutions are also involved in the desecration of the notified protected area of the Margalla Hills,” IHC stated.
Meanwhile, the court declared, “The Pakistan Navy and the Pakistan Army took the law into their own hands and violated the enforced laws.”
“It was an ideal case of the power of the elite and undermining the rule of law,” the court pointed out.
It is to be mentioned here that the court had already released a summary judgment in the case on January 11, 2022.
