SMC No. 1/2014 etc
(iv)
7.
11
vacancies reserved for Minorities for which
qualified candidates are not available. These
vacancies shall be treated as unreserved and
filled on merit.”
Learned
Additional
Advocate
General,
KPK,
also
admits that in the KPK Civil Servants (Appointment, Promotion
and
Transfer)
Rules,
1989,
Rule
10
specifically
provides
reservation of 5% quota for minorities in all provincial services.
Learned Additional Advocate General Balochistan has made a
similar statement with regard to the reservation of special quota for
minorities in provincial service.
8.
We find that the incidents of desecration of places of
worship of minorities could be warded off if the authorities
concerned had taken preventive measures at the appropriate time.
The Court also found that the inaction on the part of law
enforcement agencies was on account of the lack of proper
understanding of the relevant law. For instance, the Court was
surprised when the learned Additional Advocate General, Sindh, on
Court query submitted that the desecration of places of worship of
minorities was not blasphemous and not an offence under the
Pakistan Penal Code. When he was confronted with Section 295
PPC he had nothing to say but to concede that desecration of places
of worship of even a non-Muslim is an offence under the PPC.
9.
There is a general lack of awareness about minority
rights among the people and those entrusted with enforcement of
law are also not fully sensitized to this issue either. It needs to be
reiterated that under the Constitution minorities have a special
status. This Constitutional status has a historical background. It
would be counter intuitive if the right to freedom of religion
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