Human Rights Commission Of Pakistan through Chairperson and others vs Federation Of Pakistan through Ministry of Education and others
This matter concerns the ongoing implementation of the Supreme Court's directives regarding the destruction of the Teri Mandar. The Court reviewed a report submitted by the Advocate General, Khyber Pakhtunkhwa, detailing partial compliance with previous orders, specifically regarding the recovery of funds from individuals responsible for the destruction. The Court directed full compliance with its prior orders and explicitly mandated that the recovered funds be utilized for the restoration and upkeep of the Mandar, as well as for infrastructure development in the surrounding area. This includes the construction of access roads, the provision of water facilities and drainage systems, and the creation of public amenities like parks and playgrounds to benefit local residents. Additionally, the Court addressed a complaint from Dr. Ramesh Kumar, MNA, regarding alleged death threats and physical assault by a government servant. The Court ordered the Inspector General of Police, Sindh, to investigate the incident, submit a report, and take immediate legal measures to ensure the safety of the complainant and prevent future occurrences.
- Can the Supreme Court direct the utilization of recovered funds for the infrastructure development of the area surrounding a destroyed religious site?
- Does the Supreme Court have the authority to order the Inspector General of Police to investigate alleged threats against a Member of the National Assembly?
- What is the scope of the Court's power to ensure full compliance with its previous orders regarding the restoration of public or religious property?
ORDER
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 A 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 B 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. 16.1 1.2021. The of fice is directed to fix the complete case.