IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
Present: 
Mr. Justice Iftikhar Muhammad Chaudhry, CJ 
Mr. Justice Gulzar Ahmed 
Mr. Justice Sh. Azmat Saeed 
 
Const.P.No.10 of 2013 
 
 
Against the violence in Christian Colony in Badami 
Bagh area over alleged blasphemy 
 
 
For the Applicant (s) 
(in CMA No.1380/13) 
: Ch. Naeem Shakir, ASC 
In Attendance 
:  
For Govt. of Punjab 
: Mr. Ashtar Ausaf Ali, A.G.Punjab 
Mr. Asjad Javed Ghurral, Addl.P.G. 
Mr. Jawwad Hassan, Addl.A.G. 
Mr. Khan Baig, Acting IGP, Punjab 
Mr. Muhammad Amlish, CCPO, Lahore 
Mr. Noor-ud-Din Mengal, DCO, Lahore 
Mr. Babar Bakht Qureshi, SSP (Inv) 
Mr. Multan Khan, Former SP (Inv) 
Syed Muhammad Amin Bukhari, SP., 
City (Inv), Lahore 
 
 
 
Date of Hearing 
: 25.03.2013 
 
 
ORDER 
CMA No.1548/13 
 
 
This report has been submitted by the CCPO, Lahore, 
the following paras (j) and (k) mentioned under the caption of 
causes/reasons for putting quarters on fire are reproduced herein 
below: - 
(j) 
On 09.03.2013 at 09:30 am to 10:30 am, the aggressive 
crowd started pelting stones at the police. On which SP 
Multan Khan ordered DSP and SHO to collect all the police 
officers available in the area at one  place which was 
Const.P.No.10/13 
 
2 
resisted by SHO and DSP as they had deployed them at 
the gates of Joseph Colony. But on insistence of SP, the 
police force was collected and SP Multan Khan ordered 
them to carry out lathi charge and tear gas on the un-ruly 
mob. Then the crowd started stone pelting on the police 
on which the police started retreating. In the meantime, 
Javed and Yousaf Kandawala Godowns opened the gates 
for the police and police entered into their Godowns and 
closed the doors. SP Multan Khan took refuge on third 
floor of the Godown and SHO, DSP alongwith the force 
closed the main gate. On this, the crowd returned to 
Joseph Colony and set ablaze the quarters of Christians. 
They also brought their households/equipments on the 
main road and put them on fire.” 
(k) 
Police reinforcement started arriving around 11:30 am 
alongwith officers which included SSP Operations Sohail 
Sukhera, SSP Investigation, Babar Bakht Qureshi, SP 
Cantt:, Maroof Safdar Wahla, SP Iqbal Town Imtiaz 
Sarwar, SP Civil Lines, Dr. Farukh Raza alongwith DSPs 
and SHOs with reserves. On arrival of this force, SP 
Multan Khan and his force which had taken refuge in 
godowns came out. By that time, the damage had been 
done. 
 
2. 
 
It has also been admitted that the incident is the result 
of the instigation by the instigators/leaders of two groups, 
namely, Aman Group and Ittehad Group. Their names have been 
mentioned in the caption of investigation which are reproduced 
herein below: - 
Name of Group 
Leaders 
Aman Group 
1. 
Tariq Mehmood 
2. 
Usman Butt 
3. 
Ch. Shabbir Ahmed 
4. 
Malik Yasir Anwar 
5. 
Mian M. Saleem 
6. 
Bao Sajjad  
7. 
Bao Fayyaz 
Ittehad Group 
1. 
Amir Siddique  
2. 
Saddian Butt 
3. 
Ch. M. Younis 
4. 
Haji Shaukat 
Const.P.No.10/13 
 
3 
 
3. 
 
The conclusion of the report is also reproduced herein 
below: - 
 
 
 
“It is submitted that the blasphemy case has been proved 
to be true against accused Sawan Masih. The investigation of 
case FIR No.114/13 (burning of Christian Colony) is in progress 
in which 48 accused have been arrested. The case in which 
Bishop was man-handled is also being investigated. Main 
culprits have been identified and efforts for their arrest are 
being made. Vacation of quarters of Christians was outcome of 
fear and charged atmosphere as well as persuasion by the SHO. 
Right from SHO to SP took the event of 08.03.2013 lightly and 
failed to convey gravity of the situation to their seniors. The 
senior officers including DIG Operations, DIG Investigation and 
the then CCPO too could not assess the gravity of the situation. 
Incident of blasphemy, instigation by business community and 
presence of labour class (Pathans) a large scale and strike call 
were the main causes of putting the Joseph Colony on fire. 
Nothing solid has come on record so far, to show that the 
godown owners or any other group had planned these events to 
occupy the land of the Joseph Colony. The investigation of cases 
is being carried out on merits under my supervision which will 
be finalized within shortest possible time and real culprits will be 
brought to book.” 
 
 
4. 
 
Without prejudice to the case of either of the parties at 
this stage, we refrain from making any comments except making 
reference to paras (j) and (k) mentioned in the causes/reasons of 
the incident from which any one can draw inference thus we 
leave to the high-ups of the police to draw inference in this 
behalf. In a situation like this where the police officers 
themselves had taken shelter in a godown, no one else could 
Const.P.No.10/13 
 
4 
protect to the life and property of the inhabitants of the Joseph 
Colony and their failure to do so is sufficient to prima facie     
hold that the Fundamental Rights of the citizens of Joseph Colony 
were not protected as enshrined under Articles 9 and 14 of the 
Constitution. 
 
5. 
 
Learned Advocate General on our query stated that the 
Federal Government despite repeated requests by the Provincial 
Government so far has not posted an Inspector General of Police 
and the command is still with the Acting Inspector General of 
Police, Mr. Khan Baig with effect from 01.01.2013, after the 
retirement of the then Inspector General of Police. 
 
6. 
 
We may observe that under Article 148 (3), it is also 
the duty of the Federation to protect every Province against 
external aggression and internal disturbances and to ensure that 
the Government of every Province is carried on in accordance 
with the provisions of the Constitution. According to the rules and 
practice, the Inspector General of Police is required to be 
appointed by the Federation after providing a panel enabling the 
Provincial Government to make a choice out of the same. A 
similar situation was also prevailing in the Province of Sindh, 
where the post of Inspector General of Police was lying vacant 
from 06.03.2013, ultimately this Court has to pass an order 
directing to the Federal Government through Establishment 
Const.P.No.10/13 
 
5 
Division to appoint the Inspector General of Police enabling him 
to ensure the maintenance of law and order situation and we 
believe that here in the Province of the Punjab in view of the facts 
and circumstances, noted in this case, it is necessary to issue 
direction to the Secretary, Establishment Division, Government of 
Pakistan to do the needful otherwise it would not be possible for 
the Provincial Administration to maintain the law and order 
situation in the Province and post a competent person, as 
Inspector General of Police so he may protect the life and 
property of the citizens, instead of allowing the police force to be 
commanded by the Acting Inspector General of Police. 
 
7. 
 
The Registrar of this Court is directed to deliver the 
copy of this order to the Secretary, Establishment Division, 
Government of Pakistan as well as to the Chief Secretary of the 
Province of the Punjab so they may with the consultation of each 
other take steps for the appointment of Inspector General of 
Police after due consultation with the competent authority.  
 
CMA No.1549/13 
 
8. 
 
The DCO, Lahore has submitted a report, which is to be 
examined on the next date of hearing as it is already 4:00 P.M. 
 
9. 
 
The case is adjourned for a date in office after 7 days 
enabling Mr. Muhammad Amlish, CCPO to further probe into the 
Const.P.No.10/13 
 
6 
matter as according to him the report, which he has placed 
before this Court, is a tentative one.   
 
   
 
 
 
CJ. 
 
 
 
Islamabad 
J. 
25.03.2013 
*Rabbani* 
J. 
 
 
 
