Daily Times

PESHAWAR: A division bench of Peshawar High Court (PHC) on Monday stayed demolition of Asamai temples and restrained any kind of disturbance to the existing historic structures. The restraining order was issued about Camp No 987, a 32- marla piece of land where a Gurdwara and two temples are located.

The bench also issued notices to Evacuee Trust Property Board (EPTB) Government of Khyber Pakhtunkhwa, Ministry of Religious Affairs and others to file their replies.

The bench comprising Justice Nisar Hussain and Justice Waqar Ahmad Seth while hearing a writ petition filed by Moazzam Butt, a lawyer of PHC, argued that the temples were over a hundred years old and the Gurdwara had been declared a part of the country’s heritage.

He said that under Article 20, any change to the nature of places of worship of Hindus and Sikh was not permissible. Butt argued that after independence Kashmiri families and some families from Landi Kotal were given shelter in the temple. He stated that deputy administrator EPTB namely Asif reached an understanding with one Ikram Shinwari by taking his high ups in confidence and approached the Kashmiri families.

He argued that Shinwari told the families that their occupation was illegal; therefore they should either vacate the place or pay the amount agreed by him with the department. Butt contended that the Ikram told the families that the department allowed him to construct a plaza on the camp. He also said that Shinwari in connivance with local nazim Sher Farzind threatened the residents. He said that documents were prepared and residents were also paid some amount after which Asif claimed that he had transferred the property in name of Shinwari by invoking the relevant law. He said that historical buildings would be demolished to create space for the plaza’s construction. He stated that under Federal Antiquity Act 1975, a building as old as 75 years could be declared a national heritage, and this one was over a century old. Under he NWFP Antiquity Act 1997, this building fell under the jurisdiction of provincial government and the Archive Department would look after it.

Arguing about the value of the property, he said property was located at a locality where market value of one marla plot was Rs20 million whereas its government price could be just Rs6.5 million per marla. He said if there was an open invitation for a transparent auction of the property that could benefit the exchequer, but unfortunately verbal agreements had been agreed between Shinwari and Asif.

The petition stated that if destroying the religious institutions of the minorities was allowed then Pakisani citizens will have no moral authority to claim security of religious places in India. The bench after hearing the arguments stayed any kind of changes to the existing structure and sought comments from respondents.