LHC bars DHA from selling former COAS’ property

Lahore High Court (LHC) on Monday restrained Defence Housing Authority (DHA) from selling seized properties of former chief of army staff (COAS) Gen (r) Ziauddin Butt and directed it to submit a reply.
The former COAS filed petition for release of his post-retirement benefits and to declare his removal by former army chief Pervez Musharraf as illegal. He also sought a stay order against selling of his confiscated properties by the DHA. On Monday, a deputy attorney general told the court that the case of the petitioner was assigned to him a day before and he had not sought instructions from federal government yet. He requested the court to adjourn hearing to enable him to submit reply of the government.
Justice Ijazul Ahsan adjourned hearing till January 27 and ordered DHA to maintain status quo on the seized properties of the petitioner. Gen (r) Butt in his petition submitted that former president Rafiq Tarar on October 12, 1999 had appointed him as COAS on recommendations of former prime minister Mian Nawaz Sharif. He said, soon after his appointment, he along with the PM was detained by armed troops inside the prime minister’s house and later put into solitary confinement for two years. Petitioner said during the confinement he was dismissed from service, his properties were seized, and pension was also stopped. He pointed out that no action had been taken despite repeated appeals made to COAS within stipulated time. He pleaded that being holder of a constitutional post he could not be ousted except in accordance with law and could not be sacked from service by an ‘usurper’ (Musharraf). He said his right to the grant of pension had also been snatched without providing him opportunity of hearing. The petitioner urged the court to declare his removal illegal and order the authorities concerned to reease his properties and the post-retirement benefits.