Convener World Minority Alliance, Former Federal Minister and Nominee for Nobel Peace Prize Dr. J Salik submitted a petition in Supreme Court of Pakistan today, to be a party in Peshawar Church Blast Case and to express grievances of minorities. He explained the violation of rights and injustice with minorities in his petition.
BEFORE THE SUPREME COURT OF PAKISTAN
HRC Case No. _______________2014
Peshawar Church Blast, Suo Motu Action
Mr. J Salik s/o E Salik Former Federal Minister as well as three times elected member for minorities ( Christian Reserved Seat)of National Assembly: ———Applicant
Application under article xxxiii rule 6 of Supreme Court rules to be a party
1. That in response to order dated 3rd Feb, 2014 passed by this Apex Court the above named petitioner prefers to file this application in the greater interest of minorities on under mentioned facts and grounds.
2. That before to go in the depth of this petition the petitioner would like to mention here that the petitioner being a member of Christian community served as member National assembly for minorities thrice even the petitioner is not only known as Human Right Worker for Christian community/ minorities and general public but Nominee for Nobel Peace Prize by the leader of the house and Federal Cabinet 1996, as such has locus standi to be a party as representative of minorities in Pakistan.
3. That at this good occasion which is provided by this Apex Court to minorities to represent them and to highlight their grievances, the petitioner would like to highlight that in the constitution of Pakistan 1973 at number of occasions rights of minorities have been discussed and highlighted which reflects the importance of minorities in the mind of legislatures, in the preamble of constitution of Pakistan it is specifically mentioned that adequate provisions shell be made for the minorities freely to profess and practice their religions and develop their culture, it is mentioned that adequate provision shell be made to safe guard the legitimate interests of minorities and backward depressed classes, even Article 36 of the constitution of Pakistan says that state shell safe guard the legitimate rights and interest of minorities, including their due representation in the Federal and Provincial Services, however the fact is this that the minorities have been deprived of their rights to chose their leaders for provincial assemblies as well National Assembly, this act has been done under Article 51(e) where by proportional representation system of Political parties is introduced which is even contrary to Article 226 of the constitution of Pakistan 1973, it is pertinent to mention here the present applicant Mr. J Salik had already challenged this provision, which is pending adjudication before this Apex Court.
4. The petitioner here under would like to mention few important moves of our officials by which the downtrodden people of minorities.
a. The most important deprivation is to deprive the minorities to elect their members for provincial assemblies and National assembly through their votes/ secret ballet which is provided under Article 226 of constitution of Pakistan 1973 as such the minorities has been deprived of their true representation in the assemblies.
b. That the Christian community properties which were truly used for general public of Pakistan as well as minorities are snatched by the government of Pakistan. At this occasion the petitioner would like to highlight the detail of such properties hereunder:-
i. Rang Mahal Christian High School
ii. St. Francis High School
iii. Christian High School Sialkot Cant
iv. Christian High School Daska Sialkot
v. Christian High School Sialkot city
vi. Christian Girls High School Hajipura Sialkot city
vii. Christian High School Bara pathar
viii. Christian High School Wazirabad
ix. Christian High School Martin pur
x. Mission High School Stunzabad, Dist Khanawal
xi. ARP Mission High School 72/10-R Dist Multan
xii. St. Vincent Model High School 133-6/16-L
xiii. Methodist Boys High School Stunzabad
xiv. C.M.R High School Okara
xv. ARP Mission High School 148/9-C
xvi. ARP American Mission High School Sahiwal
xvii. Christian High School, Raja Bazar RWP
xviii. Christian High School, Gujarat
xix. Mission Girls High School Gujarat
xx. CMS High School Chak 462/6 B Lyallpur Faisalabad
xxi. St. Thomas High School Khushpur Faisalabad
xxii. Saint Albert High School Gojra (Lyallpur)
xxiii. CMS High School Chak 424/JB (Lyallpur)
xxiv. Gordon College Rawalpindi
xxv. Murray College Sialkot
At this occasion the petitioner would like to mention highly related case regarding Christian properties which is reported in 1987 SCMR 1197 which clearly says that under the terms of para 5 of Martial Law Regulation No.118, . it did not imply that government had became owner in relation to the buildings wherein schools or colleges were being run, provisions of para 5 MLR 118 were neither intended to nor in terms have the effect of making government the honor of the property. But inspite of all now Christian properties are lying with the government in lieu of Christian community. However, at that time too, two provinces including Balochistan and the then NWFP refused to nationalize the minorities institutions. The then Balochistan Chief Minister Ghaus Bakhsh Bazenjo and NWFP CM Mufti Mehmood of JUI had opined that it would be injustice with the minorities to nationalize their properties without compensating them also terming it contrary to Islamic teachings.
5- Following facilities were provided to Christians, while nationalizing different institutions:
i. In Bhutto regime Ministry of Minorities Affairs was introduced at the federal level as a lollypop to the silence the hue and cry of the Christian community.
ii. A monthly magazine was also launched titled “Hum Watan”.
iii. For supporting the minorities financially, Federal Advisory Council for Minorities Affairs was established
iv. Federal Minority Cultural Council was also established and National Cultural Cash Award for Fine Arts were conferred on to those whio excelled in the competitions.
v. District Committees were introduced to resolve the issues of minorities at each district level. The District Magistrate and Deputy Commissioner were bound to meet people from minorities to discuss their issue, at least once in a month.
vi. The Constitution of Pakistan barred the non Muslim from becoming the President of Pakistan but there was no such restriction for the office of the Prime Minister. But the Pakistan Peoples Party snatched this right too from the minorities by promulgating the 18th Amendment of the Constitution. Through this amendment, the Ministry of Minorities Affairs was also abolished that had been the only way to help poor people of minority communities through Ministry’s fund worth Rs50 million allocated to the ministry for scholarships to students and widow grants. The government abolished the Minorities Ministry in name of austerity but contrarily, it continued to run eight ministries in violation of the law, the details of which may be ordered from Cabinet Division and the Law Ministry.
6- Graveyards of Christians have been occupied by the different people and the cases had been awaiting decisions since years. It is requested that all such cases are clubbed and to ensure speedy disposal.
7- The government has never introduced any easy loan facility for minorities and those introduced by the government has minimal ratio of the minorities as they usually fail to provide guarantee as they seldom own any property.
8- The Punjab Government has outsourced the sanitation departments to a Turkish company putting the workers at the mercy of contractors. Even the authorities in the federal capital and the private institutions are also following the same suit. Instead of providing them good jobs, the institutions are dragging the minority workers to tight corners depriving them of medical and even pension facility. The court is requested to take notice of outsourcing merely the sanitation department that proves discrimination against the minorities. If the governments even fail to run the sanitation departments at their own, how they would be able to run the affairs of the whole country.
9- The inquiry reports of all tragic incidents including Shanti Nagar (Khanewal), Peshawar, Joseph Colony, Badami Bagh, Rahim Yar Khan, Gojra, Mardan, Sangla Hill and many others have not yet been made public nor the victim families have been compensated.
10- Despite being just three-hour distance from Islamabad, no representative of the federal as well as the provincial government reached the site to console the victims of Peshawar Church blast until the people forced to stage protest demonstration. Such blithe lack of concern on part of the government is also bringing defame to the country at international level.
11- The text of Meesaq-e-Medina should be made part of education syllabus as well as the Constitution of Pakistan.
12- A Ram Kund Hindu Temple at Saidpurr Village, Islamabad has been converted into restaurant named as Des Bades that is a shameful act committed by the Capital Development Authority. Haroon Sarab Diyal, heading All Pakistan Hindu Rights Movement has also been raising voice against this act at various forums.
13- It is unfortunate that the precious historic documents are lying inside the grave of Anarkali in Lahore that included. It is requested that the court orders relocation of these records to a safe location.
• The record of Bhagat Singh
• The record of Ghalib
• The record of Bahadur Shah Zafar
• The record of Diwan Mol Raj
• The record of Maharaja Runjeet Singh
• The record of Persian
15- In 1994, eight slums were given ownership rights and the government had committed to develop these slums fixing a plot price of Rs40,000. However, only half of a J Salik slum in sector G-8 was developed by the CDA but the Authority was hesitant to issue allotment letters to the allottees. Among the slums approved for ownership rights included in G-7/2, G-7/3, Isa Nagri I-9, Faisal Colony G-7/1, F-6/2, France Colony F-7/4, Charles Hansa Colony G-8/1 and J Salik Colony G-8/1. More unfortunate is that the slums in sector F-6/2 and F-7/4 were being supplied electricity through a single meter and the so-called WAPDA contractor charges fix bills from the consumers. (Copy attached)
It is therefore respectfully prayed that permission may be granted to the applicant to proceed with this case as one of the petitioners.
Zulfikar Ahmed Bhutta Rafaqat Hussain Shah
ASC Advocate on Record
Supreme Court of Pakistan