Landmark judgement of Lahore High Court
[Mr Justice Abid Hussain Chattah]
The impugned transaction in the nature of joint venture regarding more than one million Acres of State land for Corporate Agriculture Farming between the Pakistan Army and the Caretaker Government of the Punjab in terms of Notification dated 20.02.2023 under Section 10(2) of the Colonization of Government Lands (Punjab) Act, 1912 is unconstitutional and unlawful in view of Article 245 of the Constitution and Section 230 of the Elections Act, 2017 being beyond the scope and mandate of the Pakistan Army and the Caretaker Government.
1. For the reasons recorded as aforesaid, the titled and connected Petitions are allowed;
II. The impugned transaction consisting of the decisions taken and approval accorded to the new SOCs in the Ministerial Committee’s Meeting dated 14.10.2022, the 4th meeting of Caretaker Cabinet on Agenda No. 3 dated 09.02.2023, the Notification dated 20.02.2023 issued under Section 10 of the Colonization Act, the 7th meeting of Caretaker Cabinet on Agenda No. 3 dated 25.02.2023, the JVA dated 08.03.2023 and all subsequent developments including the sanction or transfer of State land in favour of the Pakistan Army are declared unlawful and of no legal effect and are set aside, accordingly. Resultantly, all State land shall stand reverted to the GOP, the Departments and persons as per its previous status. The SMBR is directed to ensure compliance by amending the revenue record, if required, and submit compliance report to the Deputy Registrar (Judicial) of this Court within fifteen days from the date of this Judgment.
III. It is declared that the Caretaker Government lacks constitutional and legal mandate to take any decision regarding CAF initiative and policy in any manner whatsoever, in terms of Section 230 of the Elections Act;
IV. It is directed that the future elected government may resume the CAF initiative after the stage of its conditional approval by the previous Elected Cabinet in its 51st meeting dated 28.02.2022 and proceed in accordance with law;
V. It is declared that the Armed Forces including the Pakistan Army and / or its subordinate or attached Departments / offices lack constitutional and legal mandate to indulge and participate in CAF initiative and policy in terms of Article 245 of the Constitution; and
VI. It is directed that office shall transmit certified copy of this Judgment to the Federal Government through Secretary Cabinet Division; Secretary, Ministry of Defence; the Chairman, Joint Chiefs of Staff Committee; the COAS; the Chief of the Naval Staff; and the Chief of the Air Staff. It is expected that the FOP in concert with the afore-mentioned officers will evaluate all activities and projects of the Armed Forces and if required, take appropriate and necessary remedial steps to ensure that they are in conformity with the constitutional and legal mandate of the Armed Forces. Further, necessary steps will also be taken to sensitize each member of the Armed Forces regarding the constitutional and legal mandate of the Armed Forces in the light of prescribed Oath in the Constitution and consequences arising from possible violations thereof, under the Constitution and law.
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