“Citizens cannot be deprived of their property under the pretext of security,” says the Sindh High Court.

Karachi: The Sindh High Court (SHC) has ordered federal and provincial authorities to give the Kalchi Cooperative Housing Society either cash compensation or alternative land in exchange for the five acres of land that Pakistan Rangers Sindh took for “operational purposes.” The court also warned senior authorities that contempt proceedings will ensue if they fail to comply with the order.

The Ministry of Interior, Rangers, and many provincial ministries were named as respondents in a 2017 petition filed by the Kalchi Cooperative Housing Society, which prompted the issuance of this decree, according to Dawn News.

During the hearing, a single bench led by Justice Muhammad Faisal Kamal Alam noted that Pakistan Rangers had taken five acres of land from the petitioner society, which was in line with the report that a court official had given in September 2023. The Rangers’ attorney, however, contested the assertion in court, claiming the land was being utilized for “operational purposes” and indicating that they were prepared to raise issues with the report.

The court ruled that “operational purposes” or “security concerns” cannot justify noncompliance with private property rights. It warned that noncompliance would lead to contempt proceedings and directed the federal and provincial authorities to give the housing organization alternative land.

After examining the land, the court found the official’s report to be trustworthy because it was created with the help of government agencies, revenue authorities, and the Survey of Pakistan. Furthermore, the court made it clear in its previous decision on September 24, 2024, that none of the parties contested the fact that the petitioner society’s five acres were taken for Rangers’ operational requirements. The government had been debating whether to provide alternative land or monetary compensation to the community.

The ruling stressed that without solid proof that the land is required for such uses, “operational purposes” or “security concerns” cannot be used as excuses to violate the property rights of individuals or groups.

The court went on to say that in order to safeguard individuals’ basic rights, government institutions must guarantee administrative justice, particularly when state activities affect individual rights. State agencies’ persistent inaction or delays go against the Constitution’s tenets, which constitute a fundamental compact between the government and its people.

The hearing was postponed until February 20, and the court’s orders were to be followed immediately. Additionally, the court mandated that the Chief Secretary of Sindh be notified of this ruling.