While slamming Pakistan's army, the Lahore High Court has come down heavily on the force calling it the "biggest land grabber" of Pakistan. Lahore High Court Chief Justice Mohammad Qasim Khan lashed out strongly at the Defence Housing Authority (DHA) for its neck-deep involvement in "illegal" occupation of lands and regretted that the Army seemed to have become the "biggest land grabber". The Chief Justice was hearing petitions of three citizens seeking an order against the DHA to not disturb their lawful possession of the land that they had obtained on lease from the Evacuee Trust Property Board (ETPB).
Chief Justice Mohammad Qasim Khan deeply regretted that the Army had also grabbed a piece of land measuring 50-Kanal which was owned by the Lahore High Court.
While elaborating further, Chief Justice Qasim Khan said explicitly that he would instruct the Lahore High Court Registrar to write a letter to the Chief of the Army Staff in this regard. He was at pains to point out that the Bar also remained indifferent to the issue. The ostensible reason for it is: No one wants to ruffle the feathers of the Pakistani Army under any circumstance as it is most notorious for crushing dissent with an iron hand!
Furthermore, the DHA's counsel Altafur Rehman Khan feigned his ignorance about the occupation of the Lahore High Court's land. At this, Chief Justice Mohammad Qasim Khan made it amply clear that the Corps Commander of Lahore could be summoned to verify the fact.
The court observed unequivocally that the uniform of the army was for service and not to rule as a king.
"The way the Army occupies the properties of people is nothing but land grabbing."
As we see, advocate Asif Imran Awan who is the counsel for the petitioners pointed out that no reply was submitted to the petitions as the respondent/ DHA belonged to the Army. Chief Justice of Lahore High Court Khan maintained that no one had ever dared to refuse to file a reply in his court during his 11-year stay in the Lahore High Court. He asked the counsel for the housing authority,
"Do they appoint serving or retired army officers in the DHA?"
The counsel said that retired officers of the Army worked in the DHA. However, he said that DHA administrator Brig Waheed Gul Satti was a serving officer.
The Court then directed the DHA's counsel to make the administrator appear before the court immediately. The Chief Justice also directed a provincial law officer to ensure the appearance of the Lahore police chief before the court. Chief Justice Khan then also said to the law officer that "If CCPO feels any fear, ask him to send his IG instead."
CCPO Ghulam Mahmood Dogar appeared before the court as the Chief Justice resumed hearing after a break. However, the DHA's counsel informed the court that Brig Satti was in Islamabad for his appearance before the Supreme Court. The Chief Justice then directed the counsel to make the DHA administrator appear before the Lahore High Court along with a complete record. Chief Justice Khan also asked the CCPO to better leave the job if he could not take any action against the illegal occupations by the DHA. He ordered the police officer to lodge an FIR if he received any application against the DHA.
The Chief Justice observed that the Army had an attractive post-retirement welfare plan for its officers, which other institutions like police and judiciary lacked. This is all because the Pakistani Army calls the shots in all crucial matters.
"Is it only the army that makes sacrifices? Do other institutions like police, lawyers and judges not make sacrifices?"
The petitioners Zeeshan Mehboob, Rakeel Tufail and Zulfiqar Hussain had got different chunks of land allotted to three-year lease from the ETPB for cultivation purposes in Mota Singhwala, Lidhar and Dera Chahal Mauzas near Bedian Road, Lahore. A counsel for the ETPB also told the court that the petitioners were the lawful owners of the land in question.
It must be mentioned here that the Chief Justice of Lahore High Court revealed that the Lahore High Court had itself been a victim of the Army's notorious land grab. The Judge said that,
"The DHA has also illegally occupied 50 kanals of the Lahore High Court and I will have an FIR lodged against the DHA. Everyone is equal before the law. Men in uniform cannot escape their crimes."
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