PHC stays auction of Sikh temple’s portion

PESHAWAR: The Peshawar High Court (PHC) on Friday stayed auction of a portion of a historic gurdwara (Sikh temple) in Peshawar by the Evacuee Trust Property Board (ETPB) to a private person for the commercial purpose.

A division bench comprising Justice Ikramullah Khan and Justice Musarrat Hilali restrained the police and the ETPB from taking possession of a portion of the Gurdwara Bhai Biba Singh.

The bench issued the order in a writ petition. Members of Pakistan Sikh Gurdwara Parbandhak Committee including Sahib Singh, Baba Gupal Singh, Darshan Singh, Hardyal Singh and Biba Singh had filed the petition.

The gurdwara, situated at Chakka Gali near Hashtnagri area of the interior city, contains a temple of Baba Guru Bakhsh Singh, which is a religious and historical legacy for the entire Sikh community.

The court put on notice the federal government, Khyber Pakhtunkhwa government, ETPB through its chairman, deputy secretary of ETPB Lahore and deputy administrator of ETPB Peshawar to submit replies in the petition.

During the hearing, Sanaullah, the lawyer for the Sikh community, submitted that the members of the Sikh community have been performing religious obligations at Gurdwara Bhai Biba Singh since pre-partition. Besides, the petitioners said the gurdwara was also a historical site for the Sikh community throughout the world. He explained to the court that ETPB deputy administrator on July 18, 2016, carried out a so-called auction of a portion of Gurdwara Bhai Biba Singh and subsequently he issued a letter on November 20, 2018, to the local police, asking them for hand over the possession of the portion to the person who was allotted the place.

After receiving the letter from the ETPB, he said, the police officials came to the gurdwara for taking possession of the portion of the gurdwara.

The lawyer requested the court to stay the auction of the gurdwara land till a final decision in the case, as, he said, the auction was illegal and unconstitutional.

The lawyer submitted that on March 22, last year, the members of Pakistan Sikh Gurdwara Parbandhak Committee (PSGPC) had submitted an application to EPTB chairman, seeking permission to construct a dining hall at an open space within the boundary wall of the gurdwara. He said the request was accepted by the chairman and a letter issued on March 24, 2017, by the deputy secretary (shrines) to the administrator of ETP, Rawalpindi, for an immediate action. But later, he added, the ETPB carried out an illegal auction and tried to take possession of the land.

The petitioners stated that the ETPB deputy administrator (respondent No 5) had made a fabricated auction of the area, which is inside the gurdwara. They requested the court to declare the auction illegal.