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Navy challenges IHC order to raze 'illegal' sailing club on Rawal Lake

Court tells plaintiff's lawyer to re-submit appeal through Defence Ministry sans ''technical errors"
Published 13 Jan, 2022 04:25pm
A two-member special bench comprising Justice Amir Farooq and Justice Mian Gul Hassan Aurangzeb conducted hearing of the appeals on Thursday (today). File photo
A two-member special bench comprising Justice Amir Farooq and Justice Mian Gul Hassan Aurangzeb conducted hearing of the appeals on Thursday (today). File photo

The Pakistan Navy on Thursday submitted two intra court appeals in the Islamabad High Court against its decisions of declaring the Pakistan Naval Sailing Club on Rawal Lake and naval farms "illegal" and demolition of the former and seizure of the latter.

The naval branch of the armed forces also challenged the IHC single bench decision of handing over possession of the naval golf course to the Capital Development Authority and appealed that the court orders be declared null and void.

In an order issued on January 7, the IHC had declared the construction of the Pakistan Naval Sailing Club near Rawal Lake "illegal", and ordered razing the building within three weeks while directing authorities to submit a report in the court.

The high court had also declared the no objection certificate issued for the Pakistan Naval farms illegal.

A two-member special bench comprising Justice Amir Farooq and Justice Mian Gul Hassan Aurangzeb conducted hearing of the appeals on Thursday (today).

During the hearing, the Pakistan Navy lawyer told the court that his client was not a party in the case in which the golf course was declared illegal.

However, giving objections on the appeals directly filed by the naval branch of the armed forces, Justice Aurangzeb said the Pakistan Navy should file the intra court appeal through the defence secretary. Justice Farooq also objected on the process and held the opinion that the force comes under the Ministry of Defence and the appeals should be filed through the federal government.

Additional Attorney General Qasim Wudood also appeared before the court.

The court raised questions over directly filing the appeals by the Pakistan Navy and asked whether such appeals could be filed directly bypassing the attorney general's office and whether the naval forces become a party in the appeal instead of the AG office.

In his response on the objections, the lawyer told the court: "I need time till Monday for receiving instructions in the case."

Later, the court directed the plaintiff to remove objections in the intra court appeals and submit fresh constitutional petitions under the proper rule of the court.

Pakistan Navy

پاکستان

اسلام آباد

Islamabad High Court

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