ISLAMABAD: The Islamabad High Court (IHC) on Tuesday reserved verdict in Intra-Court Appeal (ICA) challenging the government's decision to construct a Hindu temple in the federal capital. A division bench, comprising Chief Justice Athar Minallah and Justice Ghulam Azam Qambrani heard the ICA filed by a lawyer, Chaudhary Tanveer Akhtar, challenging a single bench's verdict, wherein, it had disposed of the writ petitions filed against construction of temple in Islamabad.
During the hearing, the CJ asked from the counsel whether non-Muslims should leave the country. He added that the Constitution of Pakistan provided protection to the minorities. He also asked that whether you want that the Muslims should also face the same treatment in other countries.
He remarked that you are a Muslim, and therefore, you should have a big heart. In this regard, he also gave the example of New Zealand. The petitioner adopted before the court that the land was given to the temple in an illegal manner. He added that it was not fair to spend money on the construction of the Hindu temple.
After hearing the arguments, the IHC bench reserved its judgment in this case. The petitioner, Chaudhary Tanveer filed the ICA in person, and cited Principal Secretary to the Prime Minister, Federal Minister for Religious Affairs, Federal Minister for Interior, chairman Capital Development Authority (CDA) and chairman CDA board as respondents.
He had adopted that the state is responsible to provide health, education and justice for public but after this directive on the part of respondents, has raised a lot of questions. He added that the district judiciary in Islamabad is functioning in rented premises since long but the government has failed to provide the facility of judicial complex and public are suffering.
The petitioner had contended that the CDA is a responsible authority, who failed to consider this fact that this impugned allotment, which is a void ab initio document, itself lost its sanctity as per contents of the allotment letter, even then they are not taking action of cancellation of allotment.
Therefore, he had prayed before the court that the impugned judgment of single bench of the IHC dated July 7th may be set aside and all acts done by respondents for allotment of plot for temple in Islamabad against master plan of CDA may be declared as unlawful.
Earlier, a single bench of IHC comprising Justice Aamer Farooq disposed of three identical petitions filed by lawyer Chaudahry Tanveer Akhtar, Muhammad Yahya Ahmed Minhas and Khushnood Ahmad Khan.
The IHC bench said in its judgment that the representative of Capital Development Authority and learned counsel for Authority submitted that Sub-Sector H-9/2 has plots allocated for graveyard of minorities, hence, on that basis, the allocation was made.
It added, "It seems that the allottee namely IHP (Institute of Hindu Panchayat ) did not adhere to the Rules and Regulations of Capital Development Authority by submitting building plan and seeking its approval and on the said basis the construction of plot was stopped. Even otherwise, the Capital Development Authority is entitled to take appropriate action in accordance with the term of the allotment (Clauses 3 and 24 of Allotment letter dated 26.12.2017) and its laws for violation of the terms of allotment, if any."
Copyright Business Recorder, 2020
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