Preserving historical structures: PHC stays demolition of Asamai temples

Petitioner says under Article 20 of Constitution, any change to Hindu, Sikh places of worship was not permissible

PESHAWAR: The Peshawar High Court  stayed demolition of Asamai temples and restrained authorities from inflicting any damage to existing historical structures. The restraining order was issued regarding Camp No 987, a 32-marla piece of land where a gurdwara and two temples
were located.

The court also issued notices to ministry of religious affairs and others to file their replies.

The bench, comprising Justice Nisar Hussain and Justice Waqar Ahmad Seth, heard a petition filed by Moazzam Butt.

The lawyer argued the property in question had century-old temples and a gurdwara of historic importance which have been declared part of the country’s heritage. He said under Article 20 of the Constitution, any change to the nature of places of worship of Hindus and Sikhs was not permissible.

Butt told the court after independence, Kashmiri families and some families from Landikotal were given shelter in the temple. He said that during this time, a government official reached an understanding with Ikram Shinwari over construction of a plaza in place of the temples.

He maintained Ikram approached the families and told them their occupation was illegal and they should either vacate the place or pay the amount agreed between him and the department. Butt contended Ikram told the families the department had allowed him to construct a plaza on the land. He also said that Ikram, in connivance with a local nazim, Sher Farzind, harassed residents on the government official’s.

He said documents were prepared and residents were paid an amount after which the official claimed he transferred the property in Ikram’s name. He added the historical buildings would be demolished to create space for the construction of plaza.

National heritage

Butt said under Federal Antiquities Act, 1975, a building as old as 75 years could be declared a national heritage, while this building was over a century old.

He said under Antiquities Act, 1997, this building falls in the jurisdiction of the provincial government, while the archive department looks after it.

He also said the property was located where the market value of a one-marla plot was Rs20 million, whereas its government price could be just Rs6.5 million per marla.

Butt said if there was an open invitation for a transparent auction of the property, it could benefit the government exchequer, but unfortunately Ikram and the official had a verbal agreement between themselves.

The petition also stated if destroying religious institutions of minorities is allowed, Pakisani citizens will have no moral authority to claim security of religious places in India.

After hearing the arguments, the bench stayed any kind of changes to the existing structure and sought comments from the respondents.

Published in The Express Tribune, July 5^th, 2016.