Chief Justice Tassaduq Hussain Jillani. PHOTO: ZAHOORUL HAQ/EXPRESS
Chief Justice of Pakistan Tassaduq Hussain Jillani said on Tuesday that according to Section 295 of the Pakistan Penal Code, offence against any religion comes under the blasphemy laws.
While heading a three-judge bench in the suo motu case of Peshawar church bombing and the rights of minority communities, the chief justice affirmed that the top court will ensure protection of minorities’ rights as it would set guidelines to enforce them and also ask the government to set up a ‘special force’ for the security of minorities.
For the preparation of guidelines on the enforcement of minorities’ rights, Justice Jillani appointed a three-judge bench, headed by himself and comprising Justice Azmat Saeed Shaikh and Justice Mushir Alam. He also appointed Munir A Malik, Khawaja Haris and Hassan Aurangzeb as amicus curiae to assist in the case.
He asked the representatives of minorities to submit a report on abusive material that has been used and identify areas where law-enforcement agencies failed to secure their life and property. “We know your concerns. We respect every religion and the desecration of minorities’ places of worship is a crime,” he said.
Apart from the Objectives Resolution of 1949, Articles 20 and 22 of the Constitution also guarantee the protection of minorities’ rights but unfortunately, these constitutional provisions have not been enforced in the country, he remarked. “We’ve collected a lot of material, wherein it is highlighted how these constitutional provisions have been violated and what are the issues the apex court needs to address,” Justice Jillani added.
He described the Liaquat–Nehru Pact – signed in 1950 that allowed the safe return of refugees and protected minorities – as a good agreement that later on increased animosity between Pakistan and India. He regretted that minorities’ rights have not been protected in either country.
The bench sought a report from the Sindh police chief regarding the six recent incidents related to the desecration of Hindu temples and their holy books. It also directed the Punjab advocate general to submit a reply on a Christian community complaint about the non-registration of their marriages.
During the hearing, MNA Ramesh Kumar, a representative of the Hindu community in Sindh, told the bench that six incidents have taken place wherein their places of worship or religious material were desecrated. The police did not take any action against the accused, he added.
The Sindh additional advocate general, however, claimed that FIRs were registered in all such incidents. Upon this, the bench asked whether FIRs were registered specifically against the desecration of minorities’ places of worship. “There is no specific law for such issues,” he said.
The bench asked him to read Section 295 of the Pakistan Penal Code, wherein it is mentioned that the desecration of minorities’ places of worship is a criminal offence.
Meanwhile, the court asked the Khyber-Pakhtunkhwa advocate general to file reply about the incident wherein a Hindu temple was set ablaze in Karak district.
The hearing was adjourned until the first week of June.
Published in The Express Tribune, May 14th, 2014.
COMMENTS (22)
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@rohit950723:
Sorry we dont need a Positive signal from you or any Indian...!!!!
Good Step CJ...Rights of minority is a major issue..alot of work should be done in this regards as all human with PK passport regardless or their cast, religion or colour are Pakistanis and their rights should be given... Secondly are religion also doesnt not ALLOW in any circumstances to destroy holy worship areas of different religon...!!!
Thumps up CJ...now make the rule effective..!!!
@V. C. Bhutani:
yes in India minority rights are protected..Thts y a University kicked students which supported Pakistan in the World Cup.
You will never change till you realize ur mistake. The CJ has...I hope one day India will as well...!!!!
@rohit950723:
Dear brother.
1)We wanted to be separate PERIODn and we are happy in that regard..alteast the majority so please .!!! 2) Minority rights are very important in Islam. If they were not practiced thts another issue....
Regards
@observer: you make me laugh...on such a serious topic..
Good work CJ...!!!
Pakistan needs a separate constitutional court which interprets the constitution of the country; whereas the supreme court task must be to interpret the laws which are legislated by the parliament. Enough with this cacophony with the law of blesphamy which the Brits introduced to calm the natives and was later amended by those who had very little knowledge of the religion of Islam. Public order must take the priority, and this can only be assured through the integrity and the dignity of the individual, which must not be violable.
Rex Minor
After reading the view of Zohaib Uddin Khan, Mirza, I believe humanity is still alive in Pakistan and the partition of the country could had been avoided. However, I feel Pakistan will take another 50 years to become secular.
I felt a whiff of fresh air as I read the remarks made by the chief justice. However, he was less than accurate when he said, in the words of the report, that minorities’ rights have not been protected in either country following the Liaquat–Nehru pact of 1950. Newspapers today are reporting that 5,000 Hindus leave Pakistan every year but no one ever said that Indian minorities left India because their rights were not protected. Occasional incidents apart, as a rule minorities do not feel insecure in India. V. C. Bhutani, Edinburgh, 14 May 2014, 1158 GMT
At last some sanity shown by the justice system. Every person should be free to practice whatever religion he or she wants to.it is their personal matter as well as their birth right. The decision about faith rests with Allah or Ishwar or Jehovah or what other name any religion may use to call 'The One' 'ilaah' and it will be on the day of judgement. We are no one to judge anyone.
Just as books are meaningless for illiterates so are such laws ineffective in absence of sound ethical education in Pakistan.
He Dosn't Include Ahmadi's In It.
Well said. There was a need and this was the time to reiterate this overlooked fact i.e. the blasphemy law replies to disrespect of all the religions. This, however, does not take away from the need to make the law in conformance with the general practice in all Muslim countries.
Wow! Modi started working even before his taking the office.
At last someone now have read what was written in penal code. Others for sure never read for decades and became judges and lawyers. Lol
@Zohaib Uddin Khan: "definitely the law of Pakistan will protect all of its citizens despite of their faith, caste or religion"
Has it though? Proof is in the pudding, as they say. Just one example: Salaman Taseer murdered for trying to protect a minority. Remember the grand reception and shower of flowers on his assassin Malik Mumtaz Hussain Qadri by the big mob that included lawyers?
So that Sindh additional advocate general doesn't even know what the Law says?
Finally Pakistan has a fair and impartial CJ of SC. What a difference a single person can make! Now Gen Zia Jr is retired and we can become more secular, democratic and just society. This is one step in the right direction. Our CJ minds his own business and does not make political speeches but lets his pen and decision do all the talking. We are proud of you sir.
"He regretted that minorities’ rights have not been protected in either country."
While that is true of Pakistan, what minority rights haven't been protected in India? Shia, Sunni, Ahmadi, Sufi, Ismaili, Sikh, Buddhists, Christians and others are totally free to practice their faiths in India.
Undoubtedly, a major step by CJ. And, definitely the law of Pakistan will protect all of its citizens despite of their faith, caste or religion.
First emancipate Ahmadis, then talk of this.
Kudos to the Chief Justice of Pakistan, had this been done earlier many places of worship of miniorities would not have been descrecated till now the majority community was treating minority communities as their slaves and second class citizens,now when cases will be registered against them under the same law they will feel the heat,but even now the justice may be denied because the police force belongs to majority community and the will not deliver only courts will ensure that they get juistice.Minorities have suffered for 67 years at the hands of the majority community.
Thanks CJ for first good step.
Thanks to Allah, Ahmedis, Christians and Hindus will be protected now under the same law which was used against them.