Daily Times

Chief Justice Saqib Nisar has admitted a petition moved by three human rights organizations namely, Human Rights Commission of Pakistan, Centre for Social Justice and The Cecil and Iris Foundation, that seeks an implementation of the hallmark judgment given by a bench of the Supreme Court of Pakistan headed by Chief Justice Tassaduq Jillani on 19 June 2014.

The Court had passed seven specific directives that called for action on part of provincial and Federal government for protection of religious minorities i.e. “1. Constitute a taskforce for developing a strategy of religious tolerance, 2. Develop curricula at school and college levels to promote a culture of religious and social tolerance, 3. Take steps to ensure that hate speech in social media is discouraged and delinquents are brought to justice, 4. Constitute a National Council for minorities’ rights for, inter alia, to monitor the practical realization of the rights and safeguards provided to the minorities with a policy for safeguarding and protecting minorities’ rights, 5. Establish a special Police Force with professional training to protect the places of worship of minorities, 6. Ensure enforcement of relevant policy directives regarding reservation of quota for minorities in all services, 7. Law enforcement agencies should promptly take action including registration of cases against violation of any of the rights guaranteed under the law or desecration of the places of worship of minorities.”

Admitting the current application, the Supreme Court ordered that a bench will be formed which will begin its hearings in June 2018. Ten respondents which include federal ministries and provincial departments¸ have been served notices to appear and explain their position.

During September 2014 and October 2015, a Supreme Court bench had conducted 10 follow up hearings. The bench headed by Chief Justice Nasir-Ul -Mulk, presided over seven hearings, Chief Justice Jawwad S. Khawaja two and Justice Ejaz Afzal one. A bench was not constituted following the retirement of Chief Justice Jawwad S. Khawaja.

The application prepared by Advocate Saqib Jillani, pro bono, states that the directives largely lack implementation though four years have passed. The application refers to the study carried out by the Centre for Social Justice, “When compliance fails Justice” , cited frequently in the petition alongside other evidence of non-compliance of the aforementioned Supreme Court orders.

Published in Daily Times, June 5th 2018.