ISLAMABAD, Feb 15: The Federal Shariat Court issued notice on Friday to Attorney-General of Pakistan, Judge Advocate-General Branch of Pakistan (Jag branch), on the petition challenging the unbridled powers of the station commanders of the cantonment boards.
The petition was taken up on Friday, after a decade when it was filed by advocate Fazal Ellahi Siddiqui, challenging that sections 12, 13BB and 25 of Cantonment Board Act, were contrary to the Islamic injunctions.
The FSC bench consisted of Chief Justice Fazal Ellahi Khan, Justice Ijaz Yousaf and Justice Dr Fida Mohammad Khan.
The petitioner said army population was only 5 per cent of the total cantonment but they were enjoying 35 to 50 per cent facilities.
“The challenge is thrown to the military will as against the people’s will,” the petitioner said.
He said there was only one hospital for civilian population and army men, who have their separate hospitals, were also entitled to have treatment at the cantonment hospital.
When the petition was taken, petitioner counsel Fazal Ellahi Siddiqui said the petition was taken after such a long time that now he should withdraw it as there was military rule in the country, which was legitimised by the judiciary.
In the given circumstances, he said, it was not the question of withdrawal of powers of the army men, but to give them more powers “because they are defending the state against terrorism and are introducing Turkish brand of Islam.” He, however, did not withdraw the petition.
He said under the Cantonment Board Act, the station commander, who is a uniformed military officer, was all in all, and cantonment board’s elected councillors were totally powerless.
Advocate Sardar Ghazi, appeared on behalf of the Cantonment Board, Rawalpindi, and said that he would represent the Director-General of the Military Cantonment Board.
“It is the military will which prevails and people’s will, who elect the councillors, is defeated by nominated members of the army.”































