IHC sets aside 2022 verdict declaring Pakistan Naval Farms, sailing club in Islamabad illegal

ISLAMABAD: The Islamabad High Court (IHC) division bench on Wednesday set aside a 2022 judgment by then-chief justice Athar Minallah declaring the Pakistan Naval Farms and Pakistan Navy Sailing Club along Rawal Lake illegal.

The court also nullified directions for the demolition of the sailing club and the initiation of misconduct and criminal proceedings against former naval chief Admiral (retd) Zafar Mahmood Abbasi and other officers.

A division bench comprising Justice Inaam Ameen Minhas and Justice Shahrukh Arjumand allowed the intra-court appeals filed against the single-bench judgment.

The bench also set aside the direction to the Auditor General of Pakistan to assess the alleged loss caused to the national exchequer and recover the amount from the officers held responsible.

The court further nullified the order declaring the transfer of Naval Farms to the Pakistan Navy illegal, as well as the direction to transfer the land in the name of the headquarters office.

The appeals had been filed by the Ministry of Defence, former naval chief Admiral (retd) Abbasi and other affected parties against the 2022 judgment of the single bench.

During the hearing, Sardar Ahmed Jamal Sukhera, counsel for the federation and the Ministry of Defence, argued that the original petition filed by Zeenat Salim primarily concerned notices issued by Pakistan Naval Farms over alleged violations of building bylaws.

He submitted that in 2020, the Directorate of PN Farms had itself written to the Capital Development Authority (CDA), informing it that under the NOC issued by the CDA, Naval Farms was required to comply with building bylaws. Consequently, notices were issued to the concerned residents over alleged violations, while the CDA was also informed and requested to take appropriate action.

According to the counsel, Naval Farms subsequently informed all residents that CDA building bylaws would be implemented at the farms with immediate effect.

Sukhera argued that these developments had taken place in 2020, well before the single-bench judgment was delivered in 2022, and that the principal grievance raised in the petition had therefore already been addressed.

He contended that the subsequent judgment contained findings against the armed forces which, according to him, were baseless and unsupported by the evidence on record.

The counsel further relied on Supreme Court precedents, arguing that a court should not decide matters beyond what is necessary to determine a dispute.

He also challenged the maintainability of the petition after an amendment was allowed to introduce objections regarding the existence of the sailing club. He argued that public-interest litigation could not be maintained where the petitioner had a personal interest in the matter, claiming that the record showed Zeenat Salim had such an interest.

In another appeal, Sukhera argued that the earlier judgment had been passed in violation of the principles of natural justice, due process and a fair trial.

He submitted that the judgment had adversely affected the vested interests of more than 100 club members, but none of them had been issued notices or impleaded as necessary parties.

The counsel further pointed out that no notice had been issued to the respondent in the petition filed by Nasir Ali, contending that the judgment was therefore legally unsustainable.

Former naval chief Admiral (retd) Zafar Mahmood Abbasi also presented additional evidence before the court in support of the appeals.

After hearing the arguments and examining the record, the division bench held that the principles of natural justice, due process and a fair trial had been violated, as the affected parties had neither been issued notices nor provided an opportunity of being heard, while necessary parties had also not been impleaded.

Consequently, the division bench allowed the intra-court appeals and set aside the findings and directions contained in the single-bench judgment.

As a result, the declaration of Pakistan Naval Farms and Pakistan Navy Sailing Club as illegal, the order for demolition of the sailing club, proceedings against the former naval chief and other officers, and directions concerning the assessment and recovery of losses to the national exchequer all stand nullified.

Ashtar Ausaf, Sardar Ahmed Jamal Sukhera and Abdul Wahid Qureshi appeared on behalf of the appellants, while the additional attorney general, assistant attorney general and counsel for the CDA represented the federation and other respondents.