Human Rights Cell vs Cantonment Boards
The Human Rights Cell of the Supreme Court of Pakistan initiated proceedings regarding directives issued to schools located within Cantonment areas across Pakistan, mandating their relocation within a fifteen-day period. This action appeared to contradict a previous order dated 24.10.2017, passed by a two-member bench of the Supreme Court in Civil Appeal No. 800/2012, which had stipulated that the removal of educational and commercial buildings from such areas should be conducted gradually. The Court observed that the abrupt nature of the current directives threatened the educational careers of a substantial number of students and indicated a failure to comply with the spirit of the earlier judicial mandate. Consequently, the Court issued notices to all Cantonment Boards in Pakistan, requiring them to justify the urgency and haste behind their actions. Furthermore, the Court ordered that the previous directive of 24.10.2017 be held in abeyance, effectively staying the eviction or transfer of any schools from Cantonment areas until further orders are passed by the Court, thereby prioritizing the stability of students' education over immediate relocation.
- Can Cantonment Boards unilaterally order the immediate removal of schools from Cantonment areas in contravention of prior judicial directives?
- Does the Supreme Court have the authority to stay administrative actions of Cantonment Boards regarding the relocation of schools?
- Is a gradual approach required for the removal of educational institutions from Cantonment areas?
The Human Rights Cell of this Court has placed a note before the Court, which postulates that all the schools in the Cantonment areas across Pakistan are being directed to be shifted from the Cantonment areas within a period of 15 days. Although vide order dated 24.10.2017, passed by a two Member Bench of this Court in Civil Appeal No.800/2012, it has been directed that the exercise of removing educational and commercial buildings etc., from the concerned areas be made gradually , yet from the note put up before us, it seems that the said order has not been complied with in letter and spirit and thus, the educational career of a subst antial number of students would be at stake if immediate action of removal of the said school is allowed.
2. In the light of the above, we issue notice to all the Cantonment Boards in Pakistan to submit their replies about the question as to why action has been taken in such haste and what was the urgency therein. Till the next order to the contrary , the order of this Court dated 24.10.2017 is held in abeyance, meaning thereby that no school shall be vacated/transferred from the Cantonment areas till such order is passed by this Court. Relist.