2005 PLP 678 (CLC)

The learned counsel appearing for the petitioners in this revision has assailed the order of the learned Additional District and Sessions Judge, Islamabad dated 15-12-2004. The impugned order was passed in appeal against order of the learned trial Court who dismissed application under Order XXXIX, rules 1 and 2, C.P.C., for stopping of construction of Church till decision of the suit. Present revision is filed mainly on the ground that the plot allotted to the Christian community for construction of Church is not situated at a proper place as only Muslims are residing in the said area. To ascertain the above mentioned fact, a Local Commission was appointed by the learned trial Court, according to him, in Sector G-8/2, where the plot in question is situated, about 51 Christian families are residing and one mosque is also situated about 1000 yards away from the plot.

2. On the basis of above report and concurring with the findings of the learned Civil Judge, the appeal was dismissed and the impugned order was passed.

3. I have considered the contentions of the learned counsel for the petitioners. I find that the order of the learned Additional District Judge is well-reasoned. I am also guided by the provision of Article 20 of the Constitution which gives right to every citizen to profess, practise or propagate his religion. It further provides that every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions. Church is a religious institution, construction of which according to the provision of Article 20 (ibid) is a right of Christian citizens of Pakistan. 3-A. Islam is a religion of tolerance and learning. Non-Muslims are free to profess and practise their religion and for the same, are free to establish, maintain and manage their religious institutions i.e. a Church. The late Chief Justice of Pakistan Muhammad Munir, C.J. observed, in the light of these rules of construction of Constitutional instruments it seems to me that what Article 18 (1956 Constitution) means is that every citizen has the right to profess, practise and propagate his religion and every sect of religious denomination has the right to establish, maintain and manage its religious institutions . Ref. Jibendra Kishore Achharyya Chowdhry and 58 others v. The Province of East Pakistan and Secretary, Finance and Revenue (Revenue) Department, Government of East Pakistan PLD 1957 SC (Pak.) 9.

4. At this juncture, I am reminded of speech of our beloved Quaid Muhammad Ali Jinnah, who delivered the same on 11-8-1947 in the Constituent Assembly whereby, he announced that every citizen of Pakistan would be free in the State of Pakistan to believe and to profess whatever religion he belongs to. Each and every citizen of this State is allowed to go to mosque, temple or any other place of worship of his own religion. The vision of late Quaid was to make Pakistan as society where citizens of Pakistan are not divided on the basis of religion, provincialism, sect, language and ethnicity etc.

5. In view of the above, I do not find any justification to interfere in the matter in hand, this revision is, therefore, dismissed. However, this decision will not affect the rights of parties in litigation/suit which is pending before Mr. Javed Iqbal Bosal, the learned Civil Judge, Islamabad, who is directed to decide the suit within a period of three months. M.B.A./M-864/L Petition dismissed.