A division bench of the Islamabad High Court (IHC) on Wednesday overturned a 2022 single-bench judgment that had declared the Pakistan Naval Farms and Naval Sailing Club on the banks of Rawal Lake illegal, also setting aside orders for the demolition of the club and proceedings against former naval chief Admiral (retd) Zafar Mahmood Abbasi.<\/p>\n\n\n\n
An IHC division bench comprising Justice Inaam Amin Minhas and Justice Shah Rukh Arjumand accepted the intra-court appeals filed against the single-bench judgment. <\/p>\n\n\n\n
The appeals had been filed by the Ministry of Defence, former Chief of Naval Staff Admiral (retd) Zafar Mahmood Abbasi and other petitioners against the judgment delivered by then IHC Chief Justice Athar Minallah in 2022. The division bench also set aside the direction to demolish the Naval Sailing Club, as well as the order declaring the transfer of land to an office of Pakistan Navy headquarters illegal. <\/p>\n\n\n\n
The court further annulled the directions concerning proceedings for alleged misconduct and criminal action against Admiral (retd) Abbasi in connection with the establishment and inauguration of the club.<\/p>\n\n\n\n
The order directing the Auditor General of Pakistan to assess any loss caused to the national exchequer and recover the amount from officials found responsible was also set aside. <\/p>\n\n\n\n
Admiral (retd) Abbasi was represented by senior lawyer Ashtar Ausaf. Sardar Ahmed Jamal and Abdul Wahid Qureshi also appeared on behalf of the petitioners. The federal government was represented by the Additional Attorney General and Assistant Attorney General, while counsel for the Capital Development Authority (CDA) also appeared before the court.<\/p>\n\n\n\n
What was the 2022 ruling?<\/p>\n\n\n\n
The case dates back to a petition challenging the establishment of Pakistan Naval Farms and the construction of the Naval Sailing Club near Rawal Lake. In January 2022, Justice Athar Minallah had ruled that the Pakistan Navy had no authority to directly or indirectly undertake a real estate venture unrelated to its institutional functions. The court had declared both the Naval Farms and Sailing Club illegal and ordered the club to be demolished within three weeks. The single bench had also held that the land occupied by the Navy near Rawal Lake had not been lawfully allotted or authorised and that the Sailing Club had been constructed on land in a protected national park area.<\/p>\n","protected":false},"excerpt":{"rendered":"
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