Mr. Justice Sayed-ul-Zaman Sadique
7th July, 1999
The Chief Justice of Pakistan,
Supreme Court,
Islamabad.
Subject: FOR INTINATION REGARDING
LEGAL EXCESSES COMMITTED
WITH THE CHRISTIAN COMMUNITY.
Venerated Sir,
You may be pleased to find facts-cum-realities through the instant application about such laws, prevalent in our country, and as they are being misused against the minorities: particularly, Christians. Impugned Laws, i.e. Zina Hadood Ordinance, 1979; The Muslim Family Law, 1962; etc. which are falsely going to be exercised by the administration, leave stunned and nonplused to one victimized by it.
Here are some cases being enumerated as instances:
1. A girl, namely,
Asyia, 13-year-old, was, allegedly, raped, a case FIR
No. 173/96 dated 22-10-1996, U/A 10 Zina
Hadood Ordinance, 1979, was registerd at police station, Ahmedpur, Sheikhupura,
the police with mela-fids intention and with ulterior motives, discharged
the accused from the case. It is very pity to say that the police, subsequently
launched a proceeding under the Qazf Hadood Ordinance, 1979, against three:
Asyia, alleged victim, her father, namely, Manzoor Masih and her brother,
Nasir Masih; a suit for damages has also been filed by the accused.
2.
Three sisters: Nadia, 15, Naima, 13 and Nabeela, 11, were,
allegedly, enticed to embrace Islam by Liaqat
Butt and his wife, Rozeena, residents of kashmir Colony, Phagwari, near
Government Commerce College, Satellite Town,
Rawalpindi. After a long legal proceedings
in different courts including Lahore High Court, Rawalpindi Bench, of the
said three girls, Nadia was got married with a Muslim Advocate, who afterwards
got custody of other two girls, Naima and Nabeela as their guardian and
then got them away. The girl’s parents, very poor, were the tenants
of Liaqat Butt and they remained failed to save their minors from the self-made
process of conversion, and they are helpless as such.
3. That true
facts of the instant case, falsely narrated in the FIR No. 895/98, dated
9-11-98, under offence of Article 11 Zina Hadood Ordinance, 1979, registered
at the Police Station, Sabzi Mandi, Gujranwala, are that a Muslim girl,
Mst. Yasmeen had fallen in love with a Christian
boy, namely, Javed Masih, and, after having got him ebmraced Islam, she
married with him in accordance with the Islamic Injunctions as enumerated
in the Holy Quran, without her parents volition and consent. Her
father became complainant in the said case and he, with ulterior motives
involved the relatives of Javed Sultan, including his parents, sisters
and brothers in the case.
This is very material to disclose here that the
local police arrested all the relatives except to Javed and his wife, Yasmeen,
but their bails are not being admitted which is still pending in the court
of Justice Mr. Zafar Pasha, learned Judge of Lahore High Court, Lahore.
4. Hussain Masih,
Isaq Masih and Sehr Ghouri, were falsely, implicated into a
case FIR No. 523/98, dated 25-11-98, under offence
of section 295-B, 109, 34, P.P.C., at Thana Ali Pur Chattha, Gujranwala.
After a long period of 30 days, Hussain Masih was refused to bail out while
others are in jail, except to Isaq Masih.
A birds eye in the vista of the aforementioned
cases, apparently shows us the predecamentary and miserable social state
of the Christian community in Pakistan. Excesses are being done in
any walks of life, especially in legal side. Easily, any Muslim fanatic
gets trapped any Christian citizen against whom the former has any grudge.
Now it is a combined voice of the whole Christian community that excesses
in the above-described cases must be wiped out
and extinguished, otherwise, having no place for justice in Pakistan, the
Christians will take their matter in the INTERNATIONAL COURTS OF JUSTICE
FOR NATURAL JUSTICE.
In view of above submissions from the whole Christian community, it is, therefore, requested that your Lordship may kindly take over the above-mentioned cases (which are a very few examples) and pass orders over the matters in accordance with the law of equity and natural justice, removing faults, shortenings, flaws, irregularities, intentionally or unintentionally committed by the administration and the court of law.
Hoping for the Best.
Yours sincerely,
M. Joseph Francis
Coordinator CLAAS