P L D 2021 Supreme Court 925 (PLP)
HUMAN RIGHTS COMMISSION OF PAKISTAN through Chairperson and others — Applicants Versus FEDERATION OF PAKISTAN through Ministry of Education and others — Respondents
| Citation | P L D 2021 Supreme Court 925 (PLP) |
| Forum / Court | High Court |
| Bench Members | Gulzar Ahmed, C.J. and Mazhar Alam Khan Miankhel, J |
| Parties | HUMAN RIGHTS COMMISSION OF PAKISTAN through Chairperson and others — Applicants Versus FEDERATION OF PAKISTAN through Ministry of Education and others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in P L D 2021 Supreme Court 925 (PLP)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2021 Supreme Court 925 (PLP)?
The case was heard and decided by the High Court bench comprising: Gulzar Ahmed, C.J. and Mazhar Alam Khan Miankhel, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2021 Supreme Court 925 (PLP) (HUMAN RIGHTS COMMISSION OF PAKISTAN through Chairperson and others — Applicants Versus FEDERATION OF PAKISTAN through Ministry of Education and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shumail Ahmed Butt, Advocate General, Khyber Pakhtunkhwa.
- Mian Shafaqat Jan, Additional Advocate General, Khyber Pakhtunkhwa.
- Atif Ali Khan, Additional Advocate General, Khyber Pakhtunkhwa.
- 2. Learned Advocate General, KP states that the recovery can be made after the amount is adjudicated against the miscreants/accused. We are informed that there are 123 persons identified and charged for causing of desecration and destruction of Hindu Samaadhi at Teri and a cost of Rs.33.0669 million has been incurred in restoration and reconstruction of the Samaadhi at Teri. All this costs would have not been incurred by the Khyber Pakunkhwa Government had the Samaadhi not been desecrated and destructed by the miscreants/accused. As the miscreants/accused have been well identified and also been charged and there is a possibility that they might again create issues with the Hindu Community, they are to be burdened with the cost of reconstruction and rehabilitation of the Samaadhi and thus, the Chief Secretary, Government of KP is directed to recover from all the miscreants/accused the above amount of Rs.33.0669 million, dividing the said amount on each of the miscreants/ accused and recover it as the arrears of Land Revenue from them. Such recovered amount from the miscreants/accused shall be utilized for the future maintenance and up-keep of the Samaadhi. This shall be done by the Chief Secretary, Government of KP within a period of one month from today.
Headnotes / Summary
Art. 184(3)
Matter regarding reconstruction and restoration of Samadhi (shrine) of a Hindu saint in the Teri village
Costs incurred by the Provincial Government in reconstructing and restorating said Samadhi
Supreme Court directed that such costs were to be recovered equally as arrears of land revenue from the miscreants/accused identified and charged for causing desecration and destruction of the Samaadhi.
Judgment & Decree
The matter regarding desecration, damaging and destroying the Hindu Samaadhi at Teri was firstly addressed by this Court vide its order dated 05.01.2021 and in para-6 of the said order, the Court has specifically noted and also directed the Khyber Pakhtunkhwa Government to recover the cost of the rehabilitation of Samaadhi at Teri from those who are responsible in causing its destruction. Although criminal cases have been registered against those miscreants/accused but through an agreement with the Hindu Community and with the consent of the Hindu Community all the miscreants/accused have been granted bail in the criminal cases, however, so far no recovery seems to have been effected from them.
2. Learned Advocate General, KP states that the recovery can be made after the amount is adjudicated against the miscreants/accused. We are informed that there are 123 persons identified and charged for causing of desecration and destruction of Hindu Samaadhi at Teri and a cost of Rs.33.0669 million has been incurred in restoration and reconstruction of the Samaadhi at Teri. All this costs would have not been incurred by the Khyber Pakunkhwa Government had the Samaadhi not been desecrated and destructed by the miscreants/accused. As the miscreants/accused have been well identified and also been charged and there is a possibility that they might again create issues with the Hindu Community, they are to be burdened with the cost of reconstruction and rehabilitation of the Samaadhi and thus, the Chief Secretary, Government of KP is directed to recover from all the miscreants/accused the above amount of Rs.33.0669 million, dividing the said amount on each of the miscreants/ accused and recover it as the arrears of Land Revenue from them. Such recovered amount from the miscreants/accused shall be utilized for the future maintenance and up-keep of the Samaadhi. This shall be done by the Chief Secretary, Government of KP within a period of one month from today.
3. Adjourned to a date after one month. MWA/H-10/SC Order accordingly.