Supreme Court of Pakistan Declared A Big Decision About Army

 

Supreme Court of Pakistan Declared A Big Decision About Army

سپریم کورٹ آف پاکستان نے فوج کے بارے میں ایک بڑا فیصلہ سنادیا

Supreme Court declares allotment of land to soldiers unconstitutional  Allotment of land to judges is also illegal - the constitution and law do not give judges and the armed forces of Pakistan the right to take (government) land;

 The Navy, Navy or Air Force and any force under them do not have the right to take residential, agricultural or commercial land:

 Another landmark decision of Justice Qazi Faiz Issa. The Supreme Court, while ruling on the issue of land acquisition by the Federal Government Employees Housing Foundation, allowed the appeals against the decision of the Islamabad High Court.

 The Federal Government Employees Housing Foundation had filed appeals against the decision of the Islamabad High Court. The Islamabad High Court had removed the authority of the Federal Employees Housing Foundation to acquire land.

 A brief judgment in the court was delivered by Justice Mushir Alam. The 90-page detailed judgment also includes an additional 27-page note of Justice Qazi Faiz Issa.

 In which he observed that the constitution of the country and no law does not give the judges and the armed forces of Pakistan the right to take land and no law allows that the Chief Justices and judges are entitled to take land.

 He further said that giving plots to the judges of the government was tantamount to awarding them, adding that an independent judiciary was essential to maintain the credibility of the judges in the eyes of the people.  He said that there are three conditions for acquiring land.

 The first condition is to acquire land for public purpose

 The second condition is that there should be a law for land acquisition and the third condition is that compensation should be given for land acquisition in the law.

 He said that as far as acquiring land for public welfare is concerned, the constitution is silent here.

 Standard living is one of the basic necessities of life. These factors prove that a public housing scheme can be set up.

 If the landowners are not satisfied with the compensation, they have the right to refer to the relevant forum.

 No lawyer or government employee is entitled to take more than one plot.

 Justice Faiz Issa further said that no one, including the Prime Minister, can use his discretionary power to give plots to anyone without the inclusion of any specific law.

 Low cost plots should be available for low income government employees and junior officers.

 The Navy, Navy and Air Force or any of their subordinate forces have no right to acquire residential, agricultural or commercial land.

 He also wrote in his additional notice the incident of General Gracie and Ayub Khan

 "When General Gracie was commanding the Pakistan Army, Ayub Khan had asked for a plot. The then Army Chief General Gracie had refused to give the plot to Ayub Khan.

 Surprisingly, a British officer saved the land of this country from the splinters of this land.

 According to Justice Faiz Issa, Shuja Nawaz wrote in his book that "the culture of more than one plot is common in the military and civil bureaucracy; over time, such" sweet heart "deals have become acceptable in the military."

 He wrote that under the constitution, government civil and military employees have equal status.

 Civil Servants retire at the age of 60 years, Chief Justice of the High Courts at the age of 62 years, while the retirement age of the Chief Justice and Judges of the Supreme Court is 65 years.

 Justice Faiz Issa wrote in an additional note that

 "If judges do not have a place to live, they are given a decent pension to live on."

 Rs. 470 billion has been allocated for pensions for the financial year 2020-21.

 One trillion 11 billion rupees has been allocated for pensions of government employees.  While more than Rs. 359 billion has been earmarked for retired officers and personnel of the Armed Forces of Pakistan.

 The additional note states that "the amount to be paid in the form of a pension is approximately equal to the cost of running a civilian government;

 The government is increasing the deficit by borrowing from abroad.

 In the current financial year, more than Rs 29.46 trillion is to be repaid in the form of loans.

 Children who are not yet born, and children who are yet to be born, will also be poor.

 Pakistan's military and judicial system is British-style.

 The additional note added that "most Pakistanis do not have access to basic housing.

 It is written in the Qur'an that the poor and needy should be helped. Dividing the land of the country into elites is a negation of the principle of the Qur'an.

 Justice Qazi Faiz Issa directed that a copy of this decision should also be issued in Urdu language.

 He directed to send his additional note to PEMRA and broadcast it on TV channels.