Law: Punjab Waqf Properties Ordinance, 1979 

Section: 2(e)

 (a) Punjab Waqf Properties Ordinance (IV of 1979) S.2(e)---Constitution of Pakistan, Art.199---Public graveyard---Sale/purchase of graveyard land---Illegality---Denial of burial by authorities, challenge to---Discrimination on the basis of residence---Public graveyard being a waqf property---Effect---Burial rights, protection of---Scope---The petitioner challenged the order passed by the Additional Deputy Commissioner whereby non-residents of the area were restricted from burying their deceased in the local graveyard and were directed to purchase separate land for burial---The matter arose on the ground that a substantial portion of the graveyard land had been encroached upon leaving only a limited area available for burials---Issue for determination before the High Court was whether the administration could legally bar non-residents from burial in a public graveyard and require them to buy separate land for burial? ---Held: Impugned order was tainted with blatant absurdity and ludicrous in its entirety as imposition of such a condition was found to be inequitable, harsh and tantamount to infringement of the fundamental rights of individuals as to a dignified burial of their dear ones, irrespective of their residential and financial status---The imposition of such discriminatory restriction militated against the principles of fairness and equal treatment under the law ---Land reserved as graveyard for burial of dead body of Muslim had attained a sacred character and its sale or imposition of discriminative restriction could become highly problematic, thus, the impugned order was against the spirit of Islam---Graveyard was a public waqf and no exclusive or preferential right could be claimed---There was no distinction in law between a public or private graveyard and a graveyard simpliciter---Impugned order was set aside---Constitutional petition was allowed, in circumstances.        Haji Ghulam Rasool and others v. The Chief Administrator Auqaf, West Pakistan PLD 1971 SC 376 rel.        Noor Mohammad and another v. Ballabh Das and others AIR 1931 Oudh 293 and Syed Mohd. Salie Labbai (Dead) by…