LAHORE: Lahore High Court (LHC) Justice Shams Mehmood Mirza on Monday allowed the Royal Palm Golf and Country Club (RPGCC) administration to resume its services temporarily without disturbing the possession of Pakistan Railways (PR).
The judge gave his ruling on a petition moved on behalf of Mainland Husnain Pakistan Limited, the administration of RPGCC. The judge observed that in view of the statements made by the counsel of both parties and in order to protect the integrity and standard of services, as an interim measure, it is directed that the golf, sporting facilities and other services shall henceforth be managed by the petitioner’s club/management without disturbing the possession of the PR. The respondents shall immediately allow the management of the club to restore golf and other sporting facilities for the members.
The judge ruled that with the consent of the parties, the finance department shall be managed by a committee headed by KPMG, a chartered accountant firm. KPMG senior partner Kamran Yousifi shall head the committee, which shall also include club director Pervaiz Qureshi and member (finance) Ghulam Murtaza. The committee shall take the decision by majority vote, the judge ruled, adding that all parties shall render full assistance to the head of the committee.
He directed that the committee shall remit the salaries of the employees of the petitioner club, preferable by July 4. The judge ordered that the committee would also remit the money for day-to-day affairs of the club. He directed the PR to file a written reply before the court until September 1.
Supreme Court Bar Association President Syed Ali Zafar, Pakistan People’s Party Senator Barrister Aitzaz Ahsan, Advocate Umar Riaz and Advocate Haroon Rashid appeared on behalf of the petitioner. The petitioner’s counsel said that the petitioner had been running the club since 2001 under a valid lease and operation agreement known as the Implementation Agreement July 26, 2001, which was executed between RPGCC and PR. He said the unilateral action of railways was in violation of the terms and conditions of this agreement as well as the law. He said that the petitioner was running the club according to the terms and condition of agreement.
He alleged that with the help of 400 hooligans armed with firearms, who posed themselves to be Railways Police and Railways officials, in the early hours of dawn on June 24, PR attacked and invaded, and after forcibly detaining the guards posted there, unlawfully occupied the club. He also alleged that this grabbing was the worst case of lawlessness by the government.
He asserted that this action of the PR and the federation was without the sanction or backing of any law and without following any due process or obtaining any order from any court. He submitted further that since the ‘occupation’ by PR, no one was being allowed entry into the club while the officials of railways were looting, plundering and destroying the valuable equipment, while the local police authorities were unable to help, as the government, through Kh Saad Rafique, was carrying out the entire operation.
Barrister Ali Zafar submitted that the government had taken the law in its own hands and with malafide intentions bypassed all procedures of law and illegally took over possession of a successful enterprise in which Royal Palm had invested huge amount of money. He claimed that more than 3,000 members and thousands of employees were not being allowed inside the club at the behest of the government.
It was submitted that if the government wanted to evict the petitioner from the club, then it should have followed a proper and due process in and by a court of law, which was the requirement of Article 4 and 10A of the constitution.
