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ISLAMABAD: The Supreme Court Thursday expressed annoyance over the reconstitution of the minorities' commission by the federal government. Chief Justice Gulzar Ahmed said when the court had already constituted a minority commission, then why the federal government had set up another commission.

A three-judge bench, headed by the chief justice, heard suo motu regarding the non-implementation of the apex court's judgment on minorities' issues. The bench summoned secretaries Ministry of Religious Affairs and Interfaith Harmony and the Ministry of Education, and directed them to submit report on practical steps taken for addressing the minorities.

Former chief justice Mian Saqib Nisar on 08 January 2019 had set up a one-man commission of Shoaib Suddle for the implementation of former chief justice of Pakistan Tassaduq Hussain Jillani's judgment.

Para 37(iv) of ex-CJP Jillani's judgment dated, June 19, 2014, said; "A National Council for minorities' rights be constituted. The function of the said Council should inter alia be to monitor the practical realization of the rights and safeguards provided to the minorities under the consultation and law. The Council also be mandated to frame policy recommendation for safeguarding and protecting minorities rights by the provincial and federal governments."

The PTI government on 12th May, 2020, notified the reconstituted National Commission for Minorities, headed by Chela Ram Kewlani, ex-president of the Pakistan Hindu Council and a leader of Pakistan Tehreek-e-Insaf in Sindh, and comprised six official and 12 non-official members including the chairman for a term of three years.

Justice Ijazul Ahsan said they had no objection that the government form commissions, but it could not interfere with the commission constituted by the Supreme Court. The Pakistan Tehreek-e-Insaf, MNA, Ramesh Kumar, criticised the Ministry of Religious Affairs.

He said that the government was not cooperating with the commission set up by the Supreme Court. The chief justice inquired from the joint secretary Ministry of Religious Affairs, what measures had been taken regarding the education syllabus and the jobs.

Advocate General, Islamabad informed that security had been provided to 108 places of worship, and implementing the minority quota. The bench after hearing them adjourned the hearing until October 23rd.

Registrar One-Man Commission on May 8, this year had filed a contempt application that secretary MORA be directed to implement para 37(iv) of the Supreme Court in true spirit and meaningful consultation with One-Man Commission.

It also prayed that the secretary MORA be ordered to withdraw/withhold any notification issued or to be issued in contravention of MORA's undertaking before the apex court.

It requested the apex court to direct secretary MORA to explain why the undertaking given to the Supreme Court on 19 February 2020 in relation to establishment of statutory National Council for Minorities has been violated, which is tantamount to contempt of court.

Copyright Business Recorder, 2020

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