SMC No. 1/2014 etc
2
TASSADUQ HUSSAIN JILLANI, CJ.“All mankind is from Adam and Eve, an Arab has no superiority over
a non-Arab nor a non-Arab has any superiority over an Arab; also a
white has no superiority over black nor a black has any superiority
over white except by piety (taqwa) and good action.1”
These suo moto proceedings under Article 184(3) of the
Constitution of Islamic Republic of Pakistan were initiated on a
letter received from the Justice Helpline, an NGO, regarding an
attack on a Church in Peshawar in which 81 persons died (subject
matter
of
FIR
No.
728
dated
22.9.2013
under
Sections
302/324/427 PPC, 3/4 of the Explosive Substances Act and
Section 7 of the Anti Terrorism Act at Police Station Khan Raziq
Shaheed (Kabuli), Peshawar). Complaints were also received from
adherents of Hindu faith and it was prayed that the Court should
direct the authorities to take remedial measures so that their
places of worship are protected. On 20.2.2014 there was a news
item and article published in Daily Dawn wherein it was averred
that the Kalash tribe and Ismailies in Chitral were being coerced to
convert to a different sect within Islam or to face death. The Court
considered all such incidents to be violative of the Fundamental
Rights guaranteed to these citizens as also of the Principles of
Policy enshrined in the Constitution. It considered it imperative to
find out the causes which lead to such incidents with a view to lay
down guidelines for effective enforcement of the Fundamental
Rights guaranteed to the people. Notices were issued to the learned
Attorney General for Pakistan and all the four Advocate Generals.
The learned Attorney General for Pakistan pursuant to the
direction of this Court placed on record the names of different
1
The Last Sermon (Khutbah) of Prophet Muhammad (PBUH) (Farewell Sermon)