Despite all the criticism on the misuse of public interest jurisdiction under Article 184 (3) of constitution, Supreme Court of Pakistan is playing an effective role for ensuring the rights of minorities. Since restoration of judiciary in March 2009, every chief justice initiated judicial proceedings to protect minorities rights in the country.
Recently a delegation of European Union Parliament visited Pakistan and expressed its serious concern over the insecurity of minority communities as well as misuse of blasphemy law. In view of international community's concerns, there is need to highlight the Supreme Court efforts to protect minorities rights for last eight years.
Efforts of incumbent CJP Gulzar Ahmed cannot be ignored to end sense of insecurity among minority communities. He is taking courageous steps to send a strong message to the extremist elements that the judiciary will not spare anyone who are involved in the misuse of minorities rights. However, there is need to do much more for proper representation of minorities in different fields especially on the bench. It is a matter of concern that no judge belonging to minority community is working in the superior judiciary. There are also a few extremely competent Ahmadi lawyers but they are not being considered on account of their security.
However, Attorney General for Pakistan’s (AGP) office has taken initiative by appointing a couple of minorities lawyers as law officers in different provinces. It is being suggested that like SC Human Rights cell, a seprate cell should also be established to entertain applications regarding greviences of minorities in the country.
Pakistan People's Party (PPP) is again taking lead by appointing Advocate Salman Talibuddin, who belongs to the Christian community, as chief law officer of the province (Advocate General Sindh).
Barrister Asad Rahim Khan says that the Supreme Court’s role in protecting freedom of religious expression used to be important, but as minorities are increasingly pushed to the margins of society, it is now nothing short of necessary.
Asad Rahim Khan also said that Chief Justice Tassaduq Hussain Jillani’s judgment on Article 20 righted many historical wrongs, and has gone some distance towards being implemented. The SC’s pro-minority attitude was also in evidence in real-life situations, as when Chief Justice Jawwad S. Khawaja protected a Hindu temple from extremists in Karak, and Justice Khosa wrote a courageous concurrence acquitting Aasia Bibi.
“That said, these declarations of law cannot be meant to arrest the general trend towards intolerance within society, much of it boosted by the rise of new religious parties, and the state’s kowtowing to extremists. In light of no help from alternative quarters, it is yet again the SC that will have to shoulder the brunt of executive failure, the most outrageous one being the conversion of Hindu girls by organised networks in Sindh and Punjab,” he adds.
It was witnessed that during his tenure (March 2009 to December 2013), former chief justice of Pakistan Iftikhar Muhammad Chaudhry took notices on the several incidents of forced conversion in the province of Sindh and the attack on the Christian community at Gojra.
In March, 2013 , ex CJP Iftikhar had taken notice of the mob attack in Joseph Colony, which is located in Badami Bagh, Lahore. The apex court had summoned Inspector General Punjab Police and Advocate General Punjab over the incident. Over 100 homes in the Christian neighbourhood were ransacked and set ablaze by an angry mob on March 9, 2013 after an individual from the area was accused of blasphemy.
However, the biggest contribution was made by his successor former chief justice Tassaduq Hussain Jilani by giving a landmark judgment regarding protection of minorities on June 19, 2014. His successors initiated proceedings for implementation of 2014 ruling.
SC’s landmark judgment on protection of minorities
Former CJP Tassaduq Hussain Jilani had initiated suo moto proceedings under Article 184(3) of the constitution on a letter received from the Justice Helpline, an NGO, regarding an attack on a Church in Peshawar in which 81 persons died on September 22, 2013. Complaints were also received from adherents of Hindu faith and it was prayed that the Court should direct the authorities to take remedial measures so that their places of worship are protected. Similarly, ex CJP also clubbed another issue that the Kalash tribe and Ismailies in Chitral were being coerced to convert to a different sect within Islam or to face death.
During the course of proceedings, following ten issues related to minorities were brought.
The three judge bench of the apex court led ex CJP Jilani considered all such issues and passed a 32-page landmark ruling on June 19, 2014.
The judgment noted that desecration of places of worship of even a non-Muslim is an offence under the Pakistan Penal Code (PPC) 1860.
The judgment also said that “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. It needs to be reiterated that under the Constitution minorities have a special status. This Constitutional status has a historical background. It would be counter intuitive if the right to freedom of religion enshrined in Article 20 is interpreted in the manner which has the effect of encroaching upon religious freedoms of minority religions in Pakistan,” says the judgment.
The court referred several articles of constitution to substantiate the religious freedom of minorities.
The judgment also noted that the Supreme Court, being the apex court in a liberal democracy, is mandated to protect and defend the constitution which embodies the fundamental rights of its citizens. Thus, while deciding cases entailing inter-faith or intra-faith conflicts, the Courts should keep in view the fact that there are some in every faith who seek to interpret religion in myopic terms.
Some of the directions by the court included that the Federal Government constitute a taskforce for developing a strategy of religious tolerance, develop an appropriate curricula at school and college levels to promote a culture of religious and social tolerance, and take steps to ensure that hate speeches in social media are discouraged and the delinquents are brought to justice under the law.
Implementation of SC Judgment
Soon after the retirement of ex CJP Tassaduq Hussain Jilani, his successor Nasir ul Mulk constituted a bench for the implementation of June 19, 2014 judgment.
After that, almost every chief justices resumed proceedings for the compliance of SC's landmark ruling. Former chief justice Mian Saqib Nisar had taken suo motu notice on the dried up Katas Raj tample pond.
Katas Raj is located near the interchange for Kallar Kahar, off the M2 Motorway that connects Islamabad and Lahore. According Hindu mythology, the pond was formed from the tears of Shiva, who went uncontrollably over the loss of his wife Sati.
But the pond, which continues to be one of the holiest Hindu sites in the region, is drying out. Several hearings were conducted to ensure water in the pond during tenure of ex CJP Nisar.
CJP’s bold directions
Incumbent CJP Gulzar Ahmed has taken notices regarding the protection of minorities worships. He also passed coercive orders against those who were involved in the incidents wherein minorities worships were attacked.
CJP Gulzar Ahmed took notice of the attack on a Hindu temple by a charged mob in Bhong village of Punjab's Rahim Yar Khan district.
In December last year, the CJP also took notice on the burning of a Hindu temple in Karak. A bench led by CJP Gulzar Ahmed directed the Khyber Pakhtunkhwa (KP) govermnent to recover the cost of the rehabilitation of Samaadhi a from those who are responsible in causing the destruction.
Criminal cases have been registered against 123 miscreants/accused involved in this incident. The CJP asked the KP government to recover the Rs.33.0669 million cost, which was spent on the renovation of Hindu temple.
KP government recently informed the SC that the amount from individuals, who have caused destruction of Teri Mandar, that recoveries have been made from a list of 11 persons. Out of a total number of 123 people, about 68 persons are stated to have executed a bond/undertaking to make the payment.
The court directed that amount so collected is utilised for the upkeep of the Mandar so also for the infrastructure development of the area and for the benefit of the people, who are settled in and around the Teri Mandar, in that, proper road shall be constructed leading to the Mandar from the main road and the Mandar as well as the residents of the area, shall also be provided with the water facility and proper water lines in this respect shall be laid.
“Proper drainage system shall also be provided to the residents of the area so that no filth or dirt is accumulated in the area and constant effort is made to keep the town of the Teri clean, neat and tidy in all respect.Proper play grounds and parks should also be made available to the residents of Teri,” says the order.
CJP himself visited at at the place in this month. Everyone has appreciated Justice Gulzar's keen interest for the protection of hindu community worship.
In response to conformity of National Curriculum/text books, the KP government stated that Elementary & Secondary Education Department in the instant case was asked to provide the requisite certificate, which though has already been provided by the department informing therein that hate material has been removed from the books of Grade I-V. However, the Elementary and Secondary Department has also mentioned that “the single National Curriculum 2020 for Grade 1-V has been developed by the Ministry of Federal Education and Professional Training, Islamabad through National Curriculum Council.
Pakistan Hindu Council Chairman Dr Ramesh Kumar, who assisting the bench since 2014, has lauded the efforts of Supreme Court of Pakistan for the protection of minorities. Even he said that neighbouring country's Supreme Court should also follow Supreme Court of Pakistan as how it is taking measures for the protection of minorities rights.
Dr Ramesh thanked incumbent CJP to visit Hindu worship places on his invitation. He said that since 2014, every chief justices gave priority to redress the concern of minorities.
Ramesh also making documentary on the SC’s efforts regarding protection of minorities. He also planning to hold a grand conference on minorities rights wherein CJP Gulzar Ahmed and other top state functionaries will be invited.
The implementation bench has passed directives to federal and provincial governments to ensure jobs to minorities according to their quota. It is learnt that there is much progress on the compliance of SC’s directions in this regard.
The federal and provincial governments are also complying the SC' s direction to form task force for the security of worship of minorities. However, despite SC's direction, drastic changes have not so far been made in changing the curriculum.
Supreme Court and Blasphemy laws
Issuing a written order on the dismissal of Mumtaz Qadri’s appeal against his death sentence, the country’s top court had urged the state to ensure that no one is forced to endure an investigation or trial on the basis of false blasphemy allegations.
Authoring the 39-page verdict, Justice Asif Saeed Khosa had said Qadri had murdered Taseer on the basis of nothing but hearsay. “It is an unfortunate fact which cannot be disputed that in many cases registered in respect of the offence of blasphemy, false allegations are levelled for extraneous purposes.” He said that in the absence of adequate safeguards against abuse of the blasphemy law, people falsely accused of the offence suffer irrevocably.
The order said any call for reform in religion-related laws should be seen as a call for introducing safeguards against abuse of such laws, adding that it should not be interpreted as a call against the religious aspects of the offences covered by the laws.
Despite imense pressure by the religious groups, Supreme Court of Pakistan also acquitted Christian woman Aasia Bibi in blasphemy case in October 2018.
She was awarded death sentence by trial court and same was upheld in the Lahore High Court. She was remained in imprisonment for almost a decade. After the announcement of judgment regarding acquital of Aasia Bibi, a religious party had started agitation against Supreme Court and other state institutions. However, the international community lauded the SC ruling to acquit christian woman in the case.
Recently, the Lahore High Court has also acquitted christian couple who were on death row in blasphemy case. Despite pressure, the superior courts give justice to those who are being wrongfully accused in blasphemy cases.
Supreme Court through various orders and from time to time reminded the Evacuee Trust Property Board (ETPB) of its obligations in relation to the up keep and maintenance of religious sites of the minorities in particular Hindu and Sikh temples.
Recently, Pakistan Hindu Council submitting a report revealed that a total of 1,831 temples and guardawars across Pakistan which are under the purview of the ETPB and out of this large number only 31 are functional, the remaining temples are either closed or encroached or are given on lease to third parties. The court has also takem strong exception over the working of ETPB.
The apex court has directed the Federal Investigation Agency (FIA) to take action on the report of the Auditor General of Pakistan (AGP) regarding alleged irregularities in property units of the Evacuee Trust Property Board (ETPB).