ISLAMABAD: Hearing a suo motu case pertaining to deteriorated condition of Katas Raj Temple in Chakwal district, the Supreme Court on Thursday summoned the complete details of properties owned by the Evacuee Trust Property Board (ETPB).
A three-member Supreme Court bench comprising Chief Justice Mian Saqib Nisar, Justice Umar Ata Bandial and Justice Faisal Arab, maintained that the ETPB was not doing its mandated job, besides it was being misused.
The court noted that the deteriorated condition of Katas Raj temple and its fabled pond, which is one of the well-known places of worship of Hindu community, was evident that the government was doing nothing to protect the historical places, which was also a national heritage.
The chief justice noted the ETPB’s lands were illegally occupied by certain quarters and also given on long leases through the practice of nepotism.
He said the court will ensure that the rights of the minorities are being protected in accordance with the provisions of the Constitution.
Justice Bandial observed that if government would have been doing its job, the court did not need to interfere in such matters.
He said, prima facie, the government had failed to even protect the rights of minorities as well as historic places of their worship, thus the court had to interfere in the matter on media reports.
PML-N MNA Dr Ramesh Kumar, who is also the chairman of the Pakistan Hindu Council, stated that the chairman of ETPB, should be a non-Muslim, as it (ETPB), deals with the issues of minorities in the country.
He said the Hindu community wanted that late Justice (r) Rana Bhagwandas should be appointed as EPTB chairman, however the former prime minister Nawaz Sharif preferred to appoint a PML-N leader Siddiqul Farooq as the ETPB chairman in 2013.
Questioning the criteria for the appointment of Board’s chairman, the chief justice regretted that political appointments were being made in such important offices. He said a competent and trustworthy person should be appointed as head of such offices.
“If Mr Siddiqul Farooq is not performing his job in a right manner, why shouldn’t he be removed from his office”, the chief justice suggested, adding that Mr Farooq was earlier directed by the court to visit the Katas Raj temple to ascertain the on-ground situation and inform the court, but might be he didn’t.
He observed that the Constitution of the country guarantees to protect the rights of minorities, thus the court will ensure protecting of the minorities’ rights. Appearing on notice, Additional Advocate General Punjab Asma Hamid submitted a report stating that although the water level in the Katas Raj pond had reduced, however, it was filled upto 20 feet. She stated that the chief minister has imposed a ban on setting up new factories in such areas. To a court query, she said no legislation has so far been made on the utilization of subsoil water.
“Why the government did act so late. The court has already imposed ban on setting up new factories in such areas”, the chief justice noted.
The Punjab Mines and Minerals Department secretary in his report stated that the cement factories located in the area have been issued notices to explain how and why they increased their production and after their reply an appropriate action would be taken against them.
After going through the reports, the chief justice inquired that how a cement factory operating in the area was allowed to increase its production from 5,000 tonnes to 50,000 tonnes. He said the trees cut while setting up these factories should have been replaced by planting new ones.
He recalled that Mughal Emperor Zaheeruddin Babar in his memoirs had praised and liked the area of Chakwal to Kashmir valley.
Justice Bandial noted that aspects of environment should not have been ignored while setting up industries. The court directed that necessary action should be ensured to improve the level of subsoil water in the area.
On November 2, the Chief Justice of Pakistan (CJP) Mian Saqib Nisar, had taken a suo motu notice on media reports that Katas Raj temple pond was drying out fast as nearby cement factories sucked up large quantities of groundwater through a number of drilled wells. Meanwhile, the court adjourned the hearing till December 12. According to reports, the wells have severely reduced subsoil water levels, besides affecting the water usage of domestic users in the vicinity of the temple.
Katas Raj is considered to be the second most sacred shrine of the Hindu religion. Its origin dates back to 600AD, and the temple complex has been built around a water pond, which in Hindu mythology was formed by the tears of Shiva, as he wept uncontrollably over the loss of his wife, Sati.
The pond covers an area of two kanals and 15 marlas, with a maximum depth of approximately 20 feet. The pond is a natural spring and like all other springs, sees highs and lows in the water flows linked to seasonal variations.
Published in Daily Times, December 1st 2017.
