Making grounds for the petition, the document cites the failure of the federation in providing security under Article 9 of the Constitution. PHOTO: PPI/FILE
A petition filed at Peshawar High Court (PHC) seeks financial compensation from the federal government equivalent to diyat for families of those killed in sectarian violence.
Petitioner Akhunzada Muzaffar Ali through his lawyer Muhammad Muazzam Butt on Monday said the federation, being the custodian, had failed to protect the life of the country’s citizens and thus is under legal obligation to compensate victims of sectarian violence.
The petition asks the court to direct the prime minister to initiate action to ensure harmony among all religious sects. It asks to enact proper laws to regulate the affairs, issues and conduct of religious factions as well as their practice and processions.
The prime minister, ministry of defence, opposition leader in the National Assembly, ministry of religious affairs secretary, Khyber-Pakhtunkhwa government, home and tribal affairs secretary, intelligence agencies, among others, were named as respondents in the petition.
“The federation may also be directed to ban political parties working in the name of religion or faith within the meaning of Article 17 of the Constitution, [or those] found involved in activities pre-judicial to the integrity and solidarity of Pakistan in the name of faith, religion and belief,” reads the petition.
Making grounds for the petition, the document cites the failure of the federation in providing security under Article 9 of the Constitution in view of the data on sectarian violence. It also maintains the absence of a requisite law in view of Article 17 and other enabling provisions is offensive to the extent which could be destructive to the sovereignty and integrity of the country.
Moreover, petitioner Ali states the federation was required to adopt a policy and to promulgate the law in accordance therewith, which it has not done so far, adding such an act has cost lives of a great number of citizens.
“The family of each and every victim of target killings is entitled to equitable relief of compensation in the nature of diyat as a matter of right because if the state had not failed, such incidents would not have occurred,” adds the petition.
“Either it is mala fide [intention] on the part of the government establishment that a proper law, as required, is not promulgated, or it is criminal negligence on the part of lawmakers,” it states.
The document also states the lack of such a law has resulted in the massacre of many Shias and caused hostility among factions in the form of sectarian violence, adding a proper direction in this regard is thus required.
“Any other relief which though has not been specifically prayed for may also be directed in favour and in the interest of the citizens of Pakistan,” it adds.
Published in The Express Tribune, December 17th, 2013.
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