SC seeks reply from PM, CMs over protection of minorities' rights

Supreme Court's office sends out first reminder to ministers after issuance of the court’s June 19 verdict


Hasnaat Malik November 10, 2014

ISLAMABAD: The Supreme Court on Monday sought reports from Prime Minister Nawaz Sharif, provincial chief ministers and other departments regarding the implementation of the court’s June 19 verdict on the protection of minorities’ rights.

The Express Tribune has leant that the SC’s office has sent a reminders to the PM, all CMs, all chief secretaries, the law ministry, establishment division, all inspector generals and others to submit their reports regarding measures taken for the implementation of its ruling.

This is the first reminder after the issuance of the court’s June 19 verdict.

Similarly, Justice Helpline -- the NGO whose petition had led to the suo motu notice -- is expected to file its own plea over the non-implementation of court orders, early next week.

Talking to The Express Tribune, Justice Helpline’s president Nadeem Sheikh said that they have drafted a plea regarding the non-implementation of the court’s June 19 verdict about the protection of minorities’ rights.

Sheikh added that an application will be filed within this week. They will also request the court to initiate contempt proceedings against concerned authorities.

He  said that they were skeptical of the prime minister’s promise of providing Rs0.5 million compensation in the Kot Radha Kishan case since the government was yet to fulfill its promise of providing compensation to families of All Saints Church victims.

The JH president further expressed his disappointment on the incumbent’s failure to form a special bench to redress grievances of minorities, as per the court order.

In early 2014, former chief justice Tassaduq Hussain Jillani had initiated suo motu proceedings after receiving a letter from the NGO Justice Helpline, regarding the suicide attack on the All Saints Church in Peshawar in which 81 people were killed.

The Supreme Court in its judgment had asked the federal government to constitute a National Council for minorities’ rights.

“The function of the said Council should inter alia be to monitor the practical realisation of the rights and safeguards provided to the minorities under the Constitution and law. The Council should also be mandated to frame policy recommendations for safeguarding and protecting minorities’ rights by the Provincial and Federal Government”, said the 32- page judgment, authored by former CJP Jillani.

Announcing a potentially landmark judgment on minorities’ rights, the supreme court also asked the government to form a special task force for the protection of worship places of minorities.

“A Special Police Force be established with professional training to protect the places of worship of minorities”, said the judgment.

The judgment further read that in all cases of violation of any of the rights guaranteed under the law or desecration of the places of worship of minorities, the concerned law enforcing agencies should promptly take action including the registration of criminal cases against the delinquents.

“We find that the incidents of desecration of places of worship of minorities could be warded off if the authorities concerned had taken preventive measures at the appropriate time. The court also found that the inaction on the part of law enforcement agencies was on account of the lack of proper understanding of the relevant law.”

The apex court also asked to develop appropriate curricula at school and college level to promote the religious tolerance in the country.

“Appropriate curricula be developed at school and college levels to promote a culture of religious and social tolerance.”

“It is time for us as a nation and as individuals to have a moment of reflection, a moment of soul searching and perhaps a moment of reckoning to ask ourselves; have we lived by the pledges made in the Constitution and by the vision of Quaid-e-Azam Mohammad Ali Jinnah, the founder of this country,” said apex court.

The court has also asked the federal government to take appropriate steps to ensure that hate speeches in social media are discouraged and the delinquents are brought to justice under the law.

In view of the statement made by Attorney General for Pakistan and Additional Advocate Generals of Punjab, K-P and Balochistan regarding reservation of quota for minorities in the federal and provincial services, the court has directed the federal and all provincial governments to ensure the enforcement of the relevant policy directives regarding reservation of quota for minorities in all services.

“The office shall open a separate file to be placed before a three members Bench to ensure that this judgment is given effect to in letter and spirit and the said Bench may also entertain complaints/petitions relatable to violation of Fundamental Rights of minorities in the country”, the judgment said.

“There is a general lack of awareness about minority rights among the people and those entrusted with enforcement of law are also not fully sensitised to this issue either”

The judgment says that it is because of absence of effective State action that despite elaborate textual guarantees for minorities’ rights, empirical realities reflect a mixed bag, rather a dismal state of affairs.

The court also pointed out that Chief Secretary Balochistan intimated the SC Registrar that about 415 Hazaras who belong to Shia sect were killed on sectarian grounds in a period of 11 years.

“The afore-referred report and other incidents of faith or ethnic based violence indicate that mere textual pledges in the Constitution, though important are not enough to ensure that those rights would be honored in practice. It is, therefore, important that the concerned governments/institutions take proactive lead to ensure that those rights are respected and enjoyed in practice.”

COMMENTS (1)

Muhammad Rizwan Ali | 9 years ago | Reply

SC just simply ask " Resignations " from both PM,CM

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