HUMAN RIGHTS COMMISSION OF PAKISTAN Versus FEDERATION OF PAKISTAN through Ministry of Education
This matter concerns the restoration and financial accountability for the desecration and destruction of a Hindu Samaadhi located at Teri, Khyber Pakhtunkhwa. The core legal question addressed by the Supreme Court was whether the individuals responsible for the destruction could be held financially liable for the costs incurred by the provincial government in reconstructing and rehabilitating the site. The Court held that since the miscreants were identified and charged, they must bear the financial burden of the restoration. Consequently, the Court directed the Chief Secretary of the Government of Khyber Pakhtunkhwa to recover the total cost of Rs. 33.0669 million from the 123 identified accused persons. The Court ordered that this amount be divided among the accused and recovered as arrears of land revenue within one month. The principle laid down is that perpetrators of acts causing public damage to religious sites are liable to reimburse the state for the costs of restoration, and such recovery can be enforced through administrative mechanisms like the recovery of land revenue arrears to ensure the site's future maintenance.
- Can the government recover the costs of restoring a destroyed religious site from the individuals responsible for its destruction?
- Is the recovery of restoration costs from identified miscreants permissible as arrears of land revenue?
- Does the grant of bail to accused persons in criminal cases regarding site destruction preclude the state from recovering restoration costs from them?
ORDER
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.