Pakistan's Islamabad High Court overturned a 2022 ruling on Wednesday that had declared the Pakistan Naval Farms and Naval Sailing Club on the banks of Rawal Lake illegal.
The court set aside orders calling for the club's demolition and proceedings against a former naval chief.
What did the Islamabad High Court rule on the Naval Farms case?
A two-member bench comprising Justice Inaam Amin Minhas and Justice Shah Rukh Arjumand accepted intra-court appeals and annulled the 2022 findings that had declared the projects illegal. The ruling reverses questions raised over the Navy's role in real estate, land transfers and the CDA's authority to approve construction in an environmentally sensitive area.
The division bench also set aside directions for misconduct and criminal proceedings against former Chief of Naval Staff Admiral (retd) Zafar Mahmood Abbasi, as well as an order requiring the demolition of the Naval Sailing Club. It further overturned a direction requiring the Auditor General of Pakistan to determine any loss to the national exchequer and recover the amount from officials found responsible. The bench also annulled the earlier finding that the transfer of land to Pakistan Navy Headquarters was unlawful.
Who filed the appeals against the 2022 ruling?
The appeals were filed by the Ministry of Defense, Abbasi and other petitioners challenging the 2022 judgment. Ashtar Ausaf represented the former naval chief, while Sardar Ahmad Jamal and Abdul Wahid Qureshi also appeared for the petitioners.
The federal government was represented by the Additional Attorney General, Assistant Attorney General and counsel for the CDA.
What did the 2022 ruling say about Naval Farms and Sailing Club?
The case dates to Jan. 7, 2022, when then Chief Justice Athar Minallah issued a detailed 45-page judgment in petitions including Mrs Zeenat Salim v. Pakistan Naval Farms and Nasir Ali v. Federation of Pakistan. The judgment addressed two main issues: the Pakistan Naval Farms project and construction of the Naval Sailing Club along Rawal Lake.
Minallah's court held that the Pakistan Navy, as an institution of the armed forces, lacked constitutional or legal authority to engage, directly or indirectly, in real estate ventures unrelated to its constitutional functions. It said the institutional name and authority of the armed forces could not be used to conduct activities outside their legally defined mandate. The court also found that the Sailing Club had been built on land forming part of a protected area or national park, ruling that the CDA had no lawful authority to issue the relevant no-objection certificate.
The 2022 judgment consequently ordered the CDA to take over the Naval Farms and directed that the Sailing Club be demolished within three weeks. It also ruled that the club should not be regularized because of its location in an ecologically sensitive area, and directed authorities to initiate criminal and misconduct proceedings against Abbasi and other officials considered responsible.
What did the 2022 ruling say about the armed forces' constitutional role?
The earlier ruling went beyond the individual projects and examined the constitutional role of Pakistan's armed forces. Minallah's judgment said the military's constitutional responsibilities were centered on the defense and protection of Pakistan and its people. It raised concerns that involvement in commercial or real estate activities beyond that mandate could weaken civilian institutions, the rule of law and public confidence in state institutions.
The judgment also questioned the use of the armed forces' institutional status and authority in dealings involving citizens and civilian regulatory bodies.
What has changed with Wednesday's ruling on naval farms and sailing club?
Wednesday's division-bench decision effectively removes the legal consequences of the 2022 ruling.
The findings declaring the naval farms and sailing club illegal, the order for demolition of the club, directions for proceedings against the former naval chief, the assessment of any financial loss and the declaration concerning the land transfer have all been set aside.
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