SC orders KP govt to reconstruct Hindu temple in Karak

ISLAMABAD: The Supreme Court on Tuesday directed Home Secretary Khyber Pukhtunkhwa (KP) and Deputy Commissioner Karak to approach a consultant for the reconstruction of a Hindu temple in the district and submit report by September 7.
A three-member bench of the apex court headed by Chief Justice Jawad S Khwaja and comprising Justice Dost Muhammad Khan and Justice Qazi Faez Isa resumed hearing in a case pertaining to protection of worship places of minorities.
On last hearing a report on behalf of Deputy Commissioner Karak was submitted wherein it was stated that a temple has been reconstructed in District Karak adding that some conditions were set for the Hindu Community.
Ramesh Kumar, representative of Hindu community however, filed a Civil Miscellaneous Application (CMA) in the apex court, raising objections to the report of Deputy Commissioner Karak.
He claimed that he had personally visited the site and the said temple was not re-constructed adding that Samadhi was also not reconstructed.
The court then had summoned Deputy Commissioner, District Police Officer (DPO) Karak and Home Secretary to explain the position.
On Tuesday, in pursuance of the court’s directives, Deputy Commissioner Karak, Shoaib Jadoon, District Police Officer (DPO) Karak Muhammad Javed and Secretary Home KPK Arbab Muhammad Arif appeared before the court.
Deputy Commissioner Karak Shoiab Jadoon submitted that they have started reconstruction of Samadhi of Pranam Hans. G. Mehraj, situated at Terri Karak, KP. He further submitted that they have asked the Provincial government for allocating money from the Annual Development Fund (ADP). He said that they have started construction of boundary walls around the Samadhi.
Justice Jawad S Khwaja however, asked the Deputy Commissioner that constructing boundary walls will not resolve the issue. “You should ensure reconstruction of the Samdhi and implement the court’s order in letter and spirit”, the Chief Justice said.
Deputy Commissioner Karak further informed the court that they have made the pathway to Samadhi after breaking the home of Maulvi Iftikhar-ud-Din.
“When Samdhi already existed then it should have its own pathway and nobody would have come through
helicopter, removing the pathyway”, Justice Dost Muhammad Khan, another member of the bench asked DC Karak.
“Justice give us clear-cut answer as to how does the house situated adjacent to the Samadhi block the pathway of Samadhi”, Justice Dost Muhammad added.
Secretary Home, KP Arbab Muhammad Arif while appearing before the court assured that court’s order would be
implemented in letter and spirit.
During the hearing Ifthikhar Uddin, owner the house adjacent to the Samadhi also appeared before the court who had also filed a Civil Miscellaneous Application (CMA), requesting to be impleaded as party in the instant matter.
He contended that the local administration while implementing of the orders of the apex court wrongly and illegally compelled him to provide the pathway from inside of his house, situated on the southern side Samadhi.
He said that he is lawful owner of the house and property in question having no concern, nexus with Samadhi.
He said that the said house was evacuee house occupied by his father Mufti Chiragh Din since 1950.
He said that the Assistant Settlement Commissioner Kohat inspected the spot and carried out all codal formalities and in the light of this inspection report, approval was granted for transfer of house in question in his favour and allotment letter was issued on March 31, 1970 under Scheme No VII which entitles him to permanent proprietary rights over house from 1961.
He further submitted that Evacuee Trust Property Board (ETPB) and representatives of minorities given wrong impression that the said property (House) is Evacuee Trust Property which is totally wrong and baseless.
Dr Ramesh Kumar, MNA representing minorities also appeared before the court.
Meanwhile, the court observed that its order must be implemented in letter and spirit.
Chief Justice Jawad S Khwaja asked Deputy Commissioner Karak, Home Secretary KP to sit along with the owner of the house and ensure reconstruction of Samadhi
and submit report by September 7.
The court also advised them to approach a consultant Muhammad Kamil Khan who had also reconstructed a temple in Lahore and adjourned further hearing.
On March 11, a three-member bench of the apex court headed by former Chief Justice Nasir-ul Mulk had directed the KP government to ensure construction of a Hindu temple, which was earlier erased in District Karak.
The court had directed that after the construction of the said Hindu temple in Karak district, it should be adequately preserved by constructing boundary wall around it.
The court had noted that the provincial government had not made progress in the issue and instead of coordinating with the local community of the area for the construction of Hindu temple, the matter was left to the Ulema which was indeed a wrong step.