P L D 2022 Supreme Court 1 (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 2022 Supreme Court 1 (PLP) |
| Forum / Court | High Court |
| Bench Members | Gulzar Ahmed, C.J. and Mazhar Alam Khan Miankhail, 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 2022 Supreme Court 1 (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 2022 Supreme Court 1 (PLP)?
The case was heard and decided by the High Court bench comprising: Gulzar Ahmed, C.J. and Mazhar Alam Khan Miankhail, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2022 Supreme Court 1 (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
- ----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---On directions of the Supreme Court 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---Provincial Advocate General filed a report in Court stating that out of 123 persons identified and charged for causing the desecration and destruction of the Samaadhi, recoveries had been made from 11 persons, whereas about 68 persons had executed a bond/ undertaking to make payment---Supreme Court adjourned the case with directions regarding as to how the amount collected was to be utilized.
- Sohail Mehmood, Addl. Attorney General for Pakistan, Shoaib Suddle, Chairman, One Man Commission, Dr. Ramesh Kumar, MNA, Saqib Jillani, Member of Commission (via video link from Lahore), Sanaullah Abbasi, D.G., FIA on Court call, Shumail Ahmed Butt, A.G., Khyber Pakhtunkhwa, Akber Ali Khan, Special Secretary Home, K.P. Syed Zakir Hussain Afridi, Secretary Establishment, K.P., Hikmatullah, Addl. Secretary Establishment, K.P., Umer Nawaz Khan, D.S., Home Department, K.P., Muazam Jan Ansari, I. G., K.P., Shafiullah, DPO, Karak, Tahir Ayub Khan, DIG, Kohat, Moeen ud Din Hamayon, Advocate-on-Record for Government of K.P., Muhammad Ikram Ch., Sr. Advocate Supreme Court for ETPB, Raja Qasit Nawaz, Advocate Supreme Court, Samual Payara, Chairman, IMRE.
- GULZAR AHMED, C.J.---The learned Advocate General, Khyber Pakhtunkhwa has filed a report (C.M.A. No. 11654 of 2021) in Court today and states that such report is in partial compliance of this Court's order dated 13.10.2021, inter alia, dealing with the question of recovery of the amount from individuals, who have caused destruction of Teri Mandar. At page 78 of the report, a list of 11 persons has been given from whom the recoveries have been made. Out of a total number of 123 people, about 68 persons are stated to have executed a bond/ undertaking to make payment.
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
On directions of the Supreme Court 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
Provincial Advocate General filed a report in Court stating that out of 123 persons identified and charged for causing the desecration and destruction of the Samaadhi, recoveries had been made from 11 persons, whereas about 68 persons had executed a bond/ undertaking to make payment
Supreme Court adjourned the case with directions regarding as to how the amount collected was to be utilized.
Judgment & Decree
GULZAR AHMED, C.J.
The learned Advocate General, Khyber Pakhtunkhwa has filed a report (C.M.A. No. 11654 of 2021) in Court today and states that such report is in partial compliance of this Court's order dated 13.10.2021, inter alia, dealing with the question of recovery of the amount from individuals, who have caused destruction of Teri Mandar. At page 78 of the report, a list of 11 persons has been given from whom the recoveries have been made. Out of a total number of 123 people, about 68 persons are stated to have executed a bond/ undertaking to make payment.
2. Let full compliance of the Court's order be made and a report in this respect be submitted.
3. The Chief Secretary, Government of Khyber Pakhtunkhwa shall ensure that the amount so collected is utilized for the upkeep of the Mandar so also for the infrastructure development of the area and for the benefit of the people, who are settled in and around the Teri Mandar, in that, proper road shall be constructed leading to the Mandar from the main road and the Mandar as well as the residents of the area, shall also be provided with the water facility and proper water lines in this respect shall be laid. Proper drainage system shall also be provided to the residents of the area so that no filth or dirt is accumulated in the area and constant effort is made to keep the town of the Teri clean, neat and tidy in all respect. Proper play grounds and parks should also be made available to the residents of Teri.
4. It is informed by Dr. Ramesh Kumar, MNA that he has been given death threats by one Mahboob Qazi, stated to be a Government Servant, who has come to his apartment in Bath Island in two Hilux vehicles bearing No.GS-102 B and GSE-849 and has also caused beating to his guard. Let a report from the Inspector General of Police, Sindh, be called regarding such an incident and in the meanwhile, the Inspector General of Police, Sindh, should take appropriate legal steps for ensuring that no such an incident occurs in future. The Inspector General of Police, Sindh, shall submit his report by tomorrow.
5. Adjourned for tomorrow i.e. 16.11.2021. The office is directed to fix the complete case. MWA/H-12/SC Order accordingl