SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
 
 
 
Mr. Justice Gulzar Ahmed, CJ 
 
 
 
Mr. Justice Mazhar Alam Khan Miankhel 
Mr. Justice Sayyed Mazahar Ali Akbar Naqvi 
 
 
 
 
 
 
 
 
 
 
C.M.A. NO.5602/2021 IN C.M.A. NO.4821/2018 IN S.M.C. 
NO.1/2014, C.M.A. NO.4821/2018 IN S.M.C. NO.1/2014, 
C.M.A. NO.516/2019 IN CONST.P. NO.62/2017, CONST.P. 
NO.62/2017, CONST.P. NO.63/2017, C.M.A. NO.1507/2021 IN 
C.M.A. NO.4821/2018 IN S.M.C. NO.1/2014 
 
 
C.M.A.5602/2021 in C.M.A.4821/2018 in S.M.C.1/2014 
Human Rights Commission of Pakistan, through Chairperson, 
Dr. Mehdi Hasan and others v. Federation of Pakistan through 
Ministry of Education and others 
 
AND 
C.M.A.4821/2018 in S.M.C.1/2014 
Human Rights Commission of Pakistan, through Chairperson, 
Dr. Mehdi Hasan and others v. Federation of Pakistan through 
Ministry of Education and others 
 
AND 
 
C.M.A.516/2019 in Const.P.62/2017 
Pribhu Lal, etc. v. Government of Pakistan, etc. 
 
AND 
 
Const.P.62/2017 
 
Pribhu Lal, etc. v. Government of Pakistan, etc. 
 
AND 
 
Const.P.63/2017 
Leo Roderick Paul, etc, v. Government of Pakistan, etc. 
 
AND 
 
C.M.A.1507/2021 in C.M.A.4821/2018 in S.M.C.1/2014 
Human Rights Commission of Pakistan through Chairperson,   
Dr. Mehdi Hasan and others v. Federation of Pakistan through 
Ministry of Education and others 
 
In Attendance: 
 
Federation & 
Department 
 
Mr. Sohail Mehmood,  
Addl. Attorney General for Pakistan 
Muhammad Shabbir,  
C.M.A.5602/21, etc 
- 2 - 
 
 
 
Deputy Secretary, M/o Religious Affairs 
Muhammad Rafiq Tahir,  
Joint Secretary Curriculum  
Miss. Farah Hamid,  
Secretary, Ministry of Federation Education 
 
Commission 
Mr. Shoaib Suddle, Chairman 
Mr. M. Saqib Jillani, Member 
Dr. Ramesh Kumar, Member 
 
KP 
Mr. Shumail Ahmed Butt, AG KPK 
Barrister Qasim Wadood, Addl. AG KPK 
Mr. Atif Ali Khan, Addl. AG KPK 
Khayam Hassan Khan,  
Secretary Minorities, KPK 
Javed Marwat, Commissioner, Kohat 
Zafar Khan, RPO, Kohat 
Rai Babar Saeed, DIG HQ, KPK 
 
Balochistan 
Mr. Ayaz Khan Swati, Addl AG, Balochistan 
Mathar Rana, Chief Secretary, Balochistan 
 
ICT 
Mr. Niaz Ullah Khan Niazi, AG Islamabad 
 
For ETPB 
Mr. Muhammad Ikram Ch., Sr. ASC 
Dr. Amir Ahmed, Chairman 
 
Punjab 
Ch. Faisal Fareed, Addl. AG 
Shahid Abbas, DSP, Multan 
Naveed Ahmed Goraya,  
Sr. Law Officer HR & MA 
Muhammad Aslam Sipra, DS Punjab 
Curriculum  & Text Book Board 
Muhammad Afzal Bashir, DS Home 
Department 
Shah Manzar Fareed, Director Sports 
 
Sindgh 
Ms. Leela Kalpana, Addl. AG 
Javed Ahmed Abro, Addl. Secretary 
Muhammad Abdul Hadi Bullo,  
Secretary Minorities 
Riaz Hussain Sahi, Sahito, Addl. Secretary 
Raheem Bukhsh Matlo, District Registrar 
Board of Revenue 
Dr. Saeed Ahmed Qureshi, Focal Person to 
Chief Secretary, Sindh 
(through Video Link from Karachi) 
 
Applicant 
Ms. Hina Jillani, ASC 
Mr. Kamran Murtaza, Sr. ASC 
Mr. Samual Payara, Chairman IMRF 
Peter Jacot, ED/CSJ, Chairperson PCMR 
 
 
C.M.A.5602/21, etc 
- 3 - 
 
 
 
 
 
O R D E R 
 
 
 
GULZAR AHMED, CJ.-  
 
 
C.M.A. No.5602 of 2021: The one man Commission 
has filed this application with the prayer that the allocation of 
funds be made to it because earlier funds of Rs.7 million allocated 
to it vide order dated 19.02.2020, has already been spent and 
rather some liabilities have also accrued. In the application, the 
Commission has prayed for granting of an amount of Rs.14.994 
million for clearance of outstanding liabilities and also for 
allocation of budget for the year 2021-2022. Notice of this 
application be issued Ministry of Religious Affair and Interfaith 
Harmony and also to the Attorney General for Pakistan. In the 
meanwhile, the amount of Rs.14.994 million be disbursed to the 
Commission. For allocation of new budget, let a proper response 
be filed by the Ministry of Religious Affairs and Interfaith 
Harmony. We, however, be noted that one man Commission shall 
ensure to maintain proper accounts for the moneys disbursed to it 
and spent by it for the purpose of implementation of the 
Commission. 
2. 
 
The learned counsel for the applicant in Civil Misc. 
Application No.4821 of 2018, states that the very Commission 
created by the Ministry of Religious Affairs and Interfaith 
Harmony is not in accordance with law for the reasons that it has 
been constituted through an executive order and no law to 
support such a Commission has been passed. She contends that 
the functioning of the Commission constituted by the Ministry is, 
C.M.A.5602/21, etc 
- 4 - 
 
 
 
therefore, not legal and the Ministry should ensure that the 
Commission be constituted with proper support of law. Let 
submissions on such points be made on the next date of hearing. 
Adjourned to a date after the summer vacations.  
3. 
 
Dr. 
Ramesh 
Kumar, 
Co-opted 
Member 
of 
the 
Commission, states that the property on Plot No.32, NP-04 Napier 
Quarters Saddar Town-I, Karachi, measuring about 716 Sq. Yards 
was a Dharam Shala and placed before the Court photographs of 
such building, which is being demolished for making way for a 
new construction of a commercial plaza. He states that this 
property has been leased out by the Evacuee Trust Property Board 
to some private person and he is in the process of demolishing the 
Dharam Shala and raising of a new building. It is stated by the 
Chairman, Evacuee Trust Property Board that the matter 
regarding the very Dharam Shala has been decided by the High 
Court of Sindh, where it has allowed the Evacuee Trust Property 
Board to lease it out, have it demolished and raised new 
construction. Such an order of the High Court of Sindh is not 
before us. The very photograph apparently shows that the 
building is of Dharam Shala constructed in the year 1932, which 
can be read from the marble slab affixed on the building and must 
be a protected heritage building. Let notice be issued to the 
Secretary Heritage, Government of Sindh to file its report 
regarding the building. In the meantime, no demolition activity of 
the said building shall be conducted by anyone and possession of 
the building and the land shall be taken over by the 
Commissioner Karachi, who shall manage the same and not allow 
C.M.A.5602/21, etc 
- 5 - 
 
 
 
any person to enter upon it. No demolished material shall be 
allowed to be removed. This be done by the Commissioner Karachi 
today and report, in this respect, be submitted to the Office of the 
Supreme Court. The office of this Court shall communicate this 
order to the Commissioner Karachi, today.   
 
   
 
 
CHIEF JUSTICE 
 
 
 
 
JUDGE 
 
 
Bench-I 
 
Islamabad 
11.06.2021 
‘NOT APPROVED FOR REPORTING’ 
Mahtab/* 
 
JUDGE 
 
