ISLAMABAD: The Chief Justice of Pakistan on Tuesday came down heavily on the country's army for carrying out constructions on state land, saying the law did not allow the land meant for defence purposes to be used for commercial gains and ordered that it must be returned to the government.
A three-judge bench of the Supreme Court headed by Chief Justice Gulzar Ahmed and comprising Justice Qazi Mohammad Amin Ahmed and Justice Ijazul Ahsan resumed the hearing of a case about the use of cantonment and military land for commercial purposes.
The chief justice was irked that the land meant for defence purposes was being used to build cinemas, petrol pumps, housing societies, shopping malls and marriage halls.
"The law's intention is not that defence land is used for any other purpose "If it is not being used for defence, then it will go back to the government," he observed.
The chief justice was also not happy with the construction of houses for senior army officers on military land and said: "it does not fall under defence purposes."
"How can the army carry out commercial activities on state land?" he asked.
Defence Secretary (retired) Lt Gen Mian Mohammad Hilal Hussain appeared in the court with a report, as tasked by the court last week, but failed to satisfy the bench and instead, like the previous hearing, faced the wrath of the judges.
"General sahib, these are not defence purposes," the chief justice told Hussain after seeing the report and ordered him to explain how the defence ministry would ensure that the land meant for the military would be used only for defence purposes.
The defence secretary said that a joint committee of all three armed forces had been formed to check violations of the law in the use of land.
After the defence secretary could not satisfy the court, Attorney General Khalid Jawed Khan requested the court to allow him to take back the report.
The court accepted the request and ordered the defence secretary to submit a fresh report on the use of military land.
Addressing the attorney general, the chief justice said that he must inform the defence secretary that the report he has submitted in the court was "incorrect".
"The report states that the [illegally constructed] buildings have been demolished, whereas they still stand. This is a matter of shame for both the court and the army," Justice Ahmed said.
The chief justice gave the defence secretary four weeks to submit a detailed report.