KARACHI, Jan 24: A division bench of the Sindh High Court dismissed the appeals filed by the National Logistics Cell against two orders of a former judge Anwar Mansoor Khan, who had held that the NLC was not part of the regular army, but was a corporate body, a commercial organization, and, therefore, would sue and be sued before the civil courts.

The bench, comprising Justice Sabihuddin Ahmed and Justice Zia Pervez, would record reasons later.

Maj Abdul Rauf Khan, with G. M. Qureshi, advocate, had contended before the division bench that where any matter concerning the NLC or its employees was in issue, the civil courts had no jurisdiction and proceedings could only be taken up under the Army Act, 1952.

On the other hand, Dr. Barrister Muhammad Farogh Naseem, appearing for a private respondent, contended that the Army Act 1952 extended only to regular army.

He argued that the NLC fell under the ministry of planning, which was evident from a number of notifications, orders and judgments relied upon by the single judge.

Dr. Farogh Naseem further stressed that in his case the NLC unlawfully and without jurisdiction had trespassed the private land of the private respondent.

Former Justice Anwar Mansoor Khan, in a landmark judgment determining the status of the NLC, had held that “it is not the job of the Pakistan Army or the government of Pakistan to enter into a commercial activity.

“So it is for this reason that activities of this nature are conducted by a body corporate, which could be an organisation, or an incorporated company, a partnership firm or any firm, with powers to act.”

Justice Khan had held that the “question is not of the applicability of the law on individuals, but it is that of the status of the NLC”.

Disagreeing with the contentions of the counsel for the NLC, he had maintained that it was nothing “but a blatant effort to cause the Pakistan Army to remain in the control of a commercial organisation in which they are employed.”