PESHAWAR: The Peshawar High Court (PHC) has declared the Khyber Pakhtunkhwa government’s legislation on issuing “No-Objection Certificate” (NOC) through Commission for sale and construction of commercial buildings on the compounds and places of churches and other religious places of the minorities unlawful and void.
A division bench comprising Justice Waqar Ahmad Seth and Justice Younas Thaheem declared the Section 4 of “The Khyber Pakhtunkhwa Protection of Communal Properties of Minorities Act 2014” as illegal and void. Reverend Jimmy Mathew, who is the Bishop of the Northern Diocese Church of Pakistan and the provincial president of the Church Property Bachao Tehrik Pakistan, had challenged the legislation through his lawyer Khalid Rehman. Section 4 of the act is related to ban on sale or transfer of minority communities properties, “No property of a minority community meant for its communal use shall be bought, sold or transferred by any person without No-Objection Certificate from Government, provided that nothing contained herein shall apply to a property bought, sold or transferred for a Housing Scheme, meant for a minority community, approved by Government.” It was further stated that No-Objection Certificate referred to in sub-section (1), may be given by Government on the recommendations of the Khyber Pakhtunkhwa Commission for Minorities Affairs.
“For obtaining No-Objection Certificate, application shall be made to the Secretary to Government of Khyber Pakhtunkhwa Auqaf Department, who shall process the same for obtaining the recommendations of the Commission thereon,” it was stated in section 4 of the Act.
During hearing, the petitioner’s lawyer Khalid Rehman stated that there were several flaws in Section 4 of the Act, as first definition of applicant is not clear and thus everyone can apply for the NOC to buy the land or properties of minorities and Church. Second, it said that the provincial government through this legislation had got the right to properties of minorities, which is unlawful. However, in the contempt of court case, the bench issued notices to the district administration and a police officer of Dera Ismail Khan along with a contractor for failing to implement the court order to stop illegal construction on the compound of St John’s Church.
The bench issued the contempt of court notice to Dera Ismail Khan’s Commissioner, deputy commissioner, district police officer and contractor Younas Masih. They were directed to explain their position on the next hearing into the case. The petitioner also made chief secretary, secretary Auqaf, secretary law, senior member Board of Revenue Khyber Pakhtunkhwa and secretary home as contemnors in the contempt petition.
Presenting his arguments, the lawyer contended that earlier the petitioner had filed writ petition and requested the court to restrain the provincial government from issuing “No-Objection Certificate” (NOC) in respect of the properties of the minorities under the impugned legislation called “The Khyber Pakhtunkhwa Protection of Communal Properties of Minorities Act 2014” through an order dated December 1, 2015 that was extended on October 20, 2016.
The lawyer submitted that the court then restrained the provincial government and other authorities concerned from issuing NOC for construction of commercial buildings on the compounds and places of churches and other religious places of the minorities. He said that despite the court’s direction construction was continued in the compound of St John’s Church in Dera Ismail Khan. The court fixed October 26 for the contempt petition hearing.
