SC seeks reports from provinces regarding protection of minorities’ rights

Chief justice has also decided to fix Kot Radha Kishan case before the apex court


Hasnaat Malik November 25, 2014
SC seeks reports from provinces regarding protection of minorities’ rights

ISLAMABAD: The Supreme Court on Tuesday sought reports from provincial governments over the implementation of the court’s June 19 landmark judgment on protecting rights of minority communities. 

The three judge bench headed by Chief Justice Supreme Court Nasirul Mulk on Tuesday started hearing on whether their orders, passed five months ago, were being implemented or not.

The apex court in its June 19 ruling had directed that the SC office shall open a separate file to be placed before a three member bench to ensure that the judgment followed in letter and spirit and that the bench may also entertain complaints/petitions pertaining to violation of minorities’ rights in the country.

On Tuesday, Deputy Attorney General Sohail Mahmood appeared on behalf of the Attorney General for Pakistan (AGP) before the bench and submitted the reports prepared by the ministry of religious affairs and harmony and the establishment division.

The ministry in its report has submitted that the prime minister, in compliance with the court’s order, had approved the reconstitution of National Commission for Minorities and the commission had held its first meeting on November 13.

Regarding the court’s direction to develop appropriate curricula at school and college levels, the ministry said it has already directed Capital administration and all provincial chief secretaries in this regard. The report further claimed that all chief secretaries, ministry of interior and ministry of information and broadcasting have been asked by the religious affairs ministry to take appropriate steps to discourage hate speech on social media.

Similarly, the establishment division in its report said that in compliance with the court’s verdict, the division had directed all the departments to ensure that five per cent quota of minorities in the jobs in view of the Article 260 (3) Constitution is fulfilled and no complaint has been received in this regard so far.

During the hearing, the chief justice observed that the rights of minorities can not be ignored.

Meanwhile, Pakistan Hindu Council Chairman and Pakistan Muslim League-Nawaz (PML-N) MNA Dr Ramesh Kumar lamented that the court’s landmark judgment has not been implemented so far. He claimed that if the verdict had been implemented in letter and spirit by the concerned authorities, then incidents like Kot Radha Kishan would have not taken place.

Dr Kumar further stated that whenever he raised issues pertaining to minorities in the National Assembly, the Speaker would tell him that these were provincial matters.

Upon this, the bench asked him to file written submissions about his grievances.

The hearing was then adjourned until December 16.

SC issues notice to DCO, RPO over Kot Radha Kishan incident

After going through the reports submitted by the IG Punjab and Punjab Minorities Affairs Department regarding the Kot Radha Kishan incident, where an enraged mob beat a Christian couple to death before burning their bodies in a brick kiln for allegedly desecrating the Holy Quran, the chief justice has decided to fix the matter before the bench and issued a notice to concerned DPO and RPO.

Earlier on November 19, the court had sought reports from IG Punjab and Secretary Ministry of Minorities Affairs, Government of Punjab on the incident.

After going through their reports, the Chief Justice has decided to take up this matter before the bench.

Notices have also been issued to the concerned RPO and DPO in this regard.

ToRs for National Commission for Minorities

Here are the Term of References (ToRs) for the constitution of National Commission for Minorities:

i Develop a national policy on interfaith harmony to explore the avenues for peace and security,

ii to consider such laws, executive institutions, orders of procedural practices of the government or government agencies, autonomous and semiautonomous bodies and agencies which are reported to be discriminatory towards the minorities,

iii to recommend to the government such steps as shall ensure fuller and effective participation by members of minorities communities in all aspects of national life,

iv  to ensure their full and effective participation and association with their religious and cultural festival and celebration,

v  to look into the grievances ad representations made by the members of any minority community to government of Pakistan and after examination such grievances to make suitable recommendations to the government of Pakistan,

vi to ensure that the churches, shrines, temples, gurdwaras  and places of worships of the minority communities are preserved  ad well-kept in a functional condition,

vii the commission with consensus may set additional objectives for itself and  if required may consult legal constitutional experts,

viii to consider the case of NOCs for the sale/purchase / transfer of communal properties of minorities as provided under the protection of Communal Properties of Minorities Ordinance 2001 notified vide No F.2 (1) 2002 pub dated 22nd January 2002.

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