SHC stays ancient Hindu temple's demolition

15 Sep, 2012

Sindh High Court on stayed demolition of the ancient Shri Laxmi Narain Mandir's structure allegedly at the behest of the sitting member of provincial parliament, himself belonging to Hindu community, Mukesh Kumar Chawla. A division bench, headed by Chief Justice Mushir Alam, also appointed SHC Nazir as Commissioner to inspect site of temple to ascertain factual position of demolition and construction activity within ten days.
Kailash Wishram, a resident of one of the residential quarters on the temple's premises, approached SHC against Ministry of Ports & Shipping, Chairman Karachi Port Trust, Port Grand Limited and SHO Jackson police station. He claimed to be one of the practising Hindu of a caste, which is not given equal status, as of the other casts by other members of the Hindu community.
He said Shri Laxmi Narain Mandir, located at Native Jetty, off Jinnah Bridge, West War, Karachi, was constructed before partition. He said Hindus perform their religious rituals at the temple where access to seawater was one of essential thing to perform worship. His counsel, Zain A. Jatoi, stated in the garb of constructions access to seawater was being blocked by raising constructions of Port Grand Limited by Karachi Port Trust. This would threaten Hindus place of worship and so also the right of minority community at large.
On a specific query raised by the court, petitioner contended that such action was being taken at best of one, namely Mukesh Chawla, who was sitting member of provincial parliament and also member of Hindu Panchayat. The SHC division bench directed petitioner to add name of Mukesh Kumar Chawla and Hindu Panchayat as respondents in the petition.
The bench directed its office to issue notice to Secretary Ports & Shipping Ministry, KPT Chairman, Port Grand Limited, Sindh Excise & Taxation Minister Mukesh Kumar Chawla & Hindu Panchayat within three days. In order to ascertain factual position as to nature of construction activity and demolition exercise, the SHC bench appointed its Nazir as Commissioner to carry out inspection of temple's site and submit his report within seven days. The court further ordered: "In the meanwhile, the Mandir, staircase, boundary wall and/or corridors originally constructed may not be demolished. Let this matter be placed before a bench hearing the matters of constructions and/or relating to property." Hearing was adjourned for 10-day.

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