Supreme Court of Pakistan. PHOTO: AFP
A three-member bench, comprising Justice Gulzar Ahmed, Justice Maqbool Baqar and Justice Sajjad Ali Shah, heard the plea at the SC's Karachi Registry. The petitioner's lawyer informed the court that they had bought two acres of land from Site Association, which was later encroached upon and a mosque and madrassa were built on it. "Our land was further illegally occupied after the construction of mosque and madrassa for the construction of graveyards," he said, adding that they were ready to give land for the construction of mosques for the will of Almighty, but further illegal occupation must be stopped.
The court sought legal documents for mosques and madrassas built in Site area.
Justice Sajjad Ali Shah questioned if prayers on illegally occupied land could be rewarded or not. "Have you forgotten the example of extension in Masjid-e-Nabvi?" he questioned. "Present any example where a mosque has been built by illegally occupying land during the times of the Caliphate," he said.
Tribune Take: Supreme decisions of 2018
Justice Ahmed remarked that anyone who wants to build a mosque should do so legally. "Building mosques on illegally occupied lands is akin to making fun of Islam," he said. "Does Islam permit anywhere that a mosque can be built on a government or private person's land," he asked. "Unfortunately this society has become dishonest."
Duration of sentence
In a separate case, the same bench instructed the deputy attorney-general (AG) to come prepared to argue the federal government's appeal against the Sindh High Court's (SHC) verdict, whereby it amended the sentence awarded to a convict by a military court.
The court remarked that keeping in view the sensitivity and complexity of the matter, the deputy AG should come prepared so that a just verdict may be announced.
The federal government has argued that the convict, Qaim, was arrested in 2011 by the Pakistan Air Force for spying. He was awarded a three-year sentence by the Military Court. Later, the SHC had ordered to start counting the imprisonment period from the day of his arrest.
The federal government had appealed against this decision, claiming the SHC did not have the authority to decide the duration of the sentence. According to Military Act, the sentence starts from the day of the verdict.
PECHS encroachment
In a separate case, another SC bench warned the deputy AG of initiating contempt of court proceedings if he failed to submit the original master plan of PECHS Block 6.
A three-member bench, comprising Justice Musheer Alam, Justice Faisal Arab and Justice Muneeb Akhtar, was hearing a petition regarding the construction of a market on a sewerage drain in PECHS Bock 6.
During the hearing, the court expressed its annoyance with officials for not submitting the original master plan. Justice Musheer Alam remarked that the master plan was sought, not the layout plan. "It is to find out under which law the land over the sewerage drain was allotted," he said.
Faisal Raza Abidi throws himself at mercy of court
The deputy AG said that the land belonged to the federal government, which had the authority to allot the same.
On this, Justice Alam questioned whether the construction had affected the drainage system and water flow. Meanwhile, Justice Arab remarked that it seemed like no one had the original master plan.
The court ordered deputy AG to submit the original master plan by the next hearing, adding that it would be considered contempt of court if it was not submitted.
Published in The Express Tribune, December 21st, 2018.
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