Katas Raj case: Minorities’ rights to be protected, says CJP

ISLAMABAD: The Supreme Court (SC) Chief Justice Mian Saqib Nisar observed on Thursday that the apex court would protect the rights of minorities and there would be no compromise on history and culture.

He asked who was responsible for allowing cement factories around the historic Katas Raj Temple to increase production, which had resulted in catastrophic destruction of the historic site.

Chief Justice of Pakistan (CJP) Mian Saqib Nisar was heading a three-member bench overseeing a suo moto case, which followed media reports that the Katas pond was drying out fast as nearby cement factories sucked up large quantities of groundwater through a number of drilled wells.

The wells had severely reduced subsoil water levels besides affecting water usage of domestic users in the vicinity of the temple as well. The CJP asked how a factory operating in the area was permitted to increase its production from 5,000 tonnes to 50,000 tonnes.

"Did the federal government give the permission, or was it the provincial government?" he asked. He also asked whether trees cut for the construction of cement factories were replaced.

"Everything looks fine on paper but reality seems to be very different," he observed. Punjab Additional Advocate General Aasma Hamid submitted the provincial government's report confirming that the water levels in the pond had reduced.

"The chief minister has imposed a ban on further requests for new factories and the provincial government has filled the pond up to 20 feet," she informed the court. She also said there was currently no legislation on the usage of subsoil water.

Meanwhile, the provincial secretary of Mines and Minerals Department told the court that cement factories in the area had been issued notices for increasing their production. Justice Saqib Nisar remarked that the court had already imposed restrictions on new factories. "Why does the government always act so late?" he asked.

He said though the court would not hold any particular entity responsible, the situation was very unfortunate. The court also highlighted the significance of the temple. The CJP recalled that Mughal Emperor Babar had likened the area to Kashmir in his , while Justice Umar Atta Bandial added that the area attracts many migratory birds. Later, hearing of the case was adjourned till second week of December.