Case Details

Citation(s)
2022 SLG 224 2022 SLD 224 2022 PLD 36
Balochistan High Court
Constitution Petition No. 1037 of 2021, decided on 7th September, 2021. Date of hearing: 24th August, 2021.
MUHAMMAD HASHIM KHAN KAKAR, JUSTICE, NAZEER AHMED LANGOVE, JUSTICE
Muhammad Mansoor Mir for Petitioner. Syed Iqbal Shah, Deputy Attorney General for
Respondent No.1. Syed Ayaz Zahoor for
Respondents Nos.6, 7 and 9. Shai Haq Baloch, Additional Advocate General for Official
Respondents.

CHURCH MISSIONARY TRUST ASSOCIATION THROUGH AUTHORIZED REPRESENTATIVE

VS

FEDERATION OF PAKISTAN THROUGH MINISTRY OF RELIGIOUS AFFAIRS, ISLAMABAD AND OTHERS

Law: Balochistan (Wildlife Protection, Preservation, Conservation and Management) Act, 2014

Section: 3

(a) Balochistan Protection of Communal Property of Minorities Act (XI of 2018)--- ----S. 3---Property of minorities---Bar on sale/transfer of---Scope/Church Missionary Trust Association challenged the Deputy Commissioners order restraining the revenue authorities from issuing revenue entries/documents regarding communal properties of Christian Community to anyone except the person authorised---Validity---Minorities, particularly of Christian community, owned numerous properties all across the province and various fake/fictitious groups of encroachers/land mafia having power of attorneys of Church Missionary Trust Association and different Dioceses had been emerging from time to time falsely claiming to be representatives of the said organisations and Christian community and asserting wrongful title and ownership in respect of the properties of community spreaded across the province and in that regard a number of civil suits were pending before different Courts---High Court disposed of the Constitutional petition in the terms that firstly, property of a minority community meant for its communal use should not be bought/sold/transferred by any person; secondly, every person belonging to minorities was entitled to receive certified copies of revenue entries/document in respect of communal properties of minorities, but no one could buy the same; thirdly, Deputy Commissioner or any other authority was not empowered to approve the transfer of communal properties of minorities; fourthly, petitioner or representative of different Dioceses could transfer/sell/buy/alienate the communal properties of minorities; fifthly, impugned order/letter was set-aside being illegal/unlawful/void ab initio; sixthly, all judges/qazis of province were directed to decide the fate of pending suits regarding the communal properties of minorities in the light of provisions of Balochistan Protection of Communal Property of Minorities Act, 2018. (b) Constitution of Pakistan--- ----Arts.20, 21, 22, 26, 27 36---Religious minorities, protection of---Islamic law---Respect for the basic rights of minorities would create a harmonious environment in the society---Such harmony would need ethical…
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