LAHORE, Feb 1: The General Headquarters on Tuesday deposed before the Lahore High Court that no matter related to armed forces personnel could be agitated before any law court.
In a reply in a writ petition which challenged the allotment of lands to senior army officers in Cholistan, the GHQ submitted that the high court was not competent to adjudicate the legal vires of the allotment.
Advocate M D Tahir challenged in 2002 the allotment of land to about 100 senior armed forces officers, including President Gen Pervez Musharraf and Governor Khalid Maqbool, who, the petitioner contended, were given land in Cholistan by the Punjab Board of Revenue at a price of Rs380 per acre.
The GHQ cited article 199 (3) (1) of the constitution which, the reply pleaded, gave immunity to members of armed forces in their actions and orders as part of their service matters.
The reply also questioned the locus standi of the petitioner-advocate and said that he had no bonafide to raise such questions because the law stipulated that only an aggrieved party could move the superior courts on infringement of its constitutional and legal right.
Justice Syed Zahid Husain directed the petitioner to submit his rejoinder within a month. The hearing of the writ petition was adjourned with date in office. Advocate M D Tahir moved the Lahore High Court in 2002 and Justice Anwarul Haq called for the reply from the Punjab Board of Revenue and the GHQ.
The Member (Colonies) PBOR, in his reply the same year, stated that the board allotted the land at a price of Rs1,000 an acre. The reply said that the BOR received a price for the land which was provided by the law and it had shown no discrimination in allotment of land to senior army officers.
The BOR reply also stated that senior army officers were allotted lands not only in Cholistan but many other areas across the province. It said that allotment of lands was a legal right of the members of armed forces as part of their service conditions.
