Violation of its orders by landlords: Hindu family lawyer to approach SC

By Mehtab Haider
August 14, 2021

ISLAMABAD: The lawyer of an aggrieved Hindu family has decided to approach the Supreme Court of Pakistan to implement the court’s order as influential landlords of Qambar-Shahdakot allegedly grabbed 238 acres of land despite two verdicts of the highest court of the country in their favor.

The lawyer of the Hindu family, Barrister Akhtar Hussain Jabbar, told this scribe that the Supreme Court of Pakistan would be approached again to get justice as the influential landlords of their areas were threatening their lives, so there was no other option but to seek justice from the apex court.

It took almost 59 years to pass through the whole litigation process and finally after exhausting all forums in terms of getting decisions in their favour, the apex court of the country granted a verdict in 2018 and instructed the relevant authorities to hand over 238 acres of land by vacating possession from the land grabbers.

“The mockery of justice was done despite getting orders from the Supreme Court of Pakistan in our favour in 2015 and again in 2018. Now, we are going to knock at the doors of the Supreme Court again to apprise the court that its orders were not implemented in its true letter and spirit,” Kailash Kumar, a young man from the Hindu family, said while talking to this scribe here on Thursday.

Kailash Kumar, along with his mother, said MNA Ramesh Kumar also extended all-out support but they could not get their inherited property from the powerful people. After passing through 59 years of litigations, they got justice from the Supreme Court but it also proved just an eyewash, they argued.

He narrated the sorry tale of affairs and said the Honourable Supreme Court of Pakistan passed an order in the Human Rights Case No.75077 of 2018, dated 24-12-2018, regarding illegal encroachment over the properties belonging to the Hindu community of Sindh measuring area 238-15 acres.

The local administration, he said, was extending all-out cooperation to the influential land grabbers and they were convincing the aggrieved family to settle the issue through a Jirga. “If we sit down with them, they will give us peanuts,” said Kumar, adding that they had given the same treatment to another family in a similar case. He said there was no other option but to approach the apex court, which must take a decision and appoint a commissioner on the land who would act as the court’s representative, sell the property and deposit the money with the apex court.

“If the possession is given to us, it will be just another eyewash because they are so influential that they will kill our family members,” he said adding that some of his relatives had gone outside the country to save their lives.

They further alleged that the landed property is illegally occupied by Imtiaz Brohi, Zafarullah Brohi and others and requested to vacate the possession of the said survey numbers from the encroachers and hand it over to them in the light of the above order of the Honourable Supreme Court of Pakistan on December 24, 2018.

In this connection, the-then Mukhtiarkar, Qubo Saeed Khan took possession and appointed tapedar, Kot Shahbaig as “Karaao” vide his office letter No. 30, dated 21-02-2019 and directed him to keep watch over the standing crop for the season of Rabi 2018-19. The-then learned Senior Civil Judge, Shahdadkot, decided the matter and ordered on November 19, 2020 as “From bare perusal of the record it prima facie transpires that the captioned execution has already been satisfied by this court by handing over possession of the suit land/property to decree holders. It further appears that as per the direction of Honourable Supreme Court of Pakistan, dated 24-12-2018 passed in Human Rights case No 75077/2018, the concerned Mukhtiarkar revenue was directed to take into the possession of suit land/ property, collect its rents and benefits and submit the same in the concerned Court/ Tribunal.