Law:

Section:

Constitution of Pakistan (1973)------Art. 20---Freedom to profess religion and to manage religious institutions---Provisions of Art. 20, of the Constitution give right to every citizen to profess, practise or propagate his religion and that every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions---Church is a religious institution, construction of which according to Art. 20 of the Constitution is a right of Christian citizens of Pakistan. Jibendra Kishore Achharyya Chowdhry and 58 others v. The Province of East Pakistan and Secretary, Finance and Revenue (Revenue) Department, Government of East Pakistan PLD 1957 SC (Pak.) 9 fol. Speech of Quaid-i-Azam Muhammad Ali Jinnah dated 11-8-1947 quoted. Malik Qamar Afzal for Petitioners. ORDER The learned counsel appearing for the petitioners in this revision has assailed the order of the learned Additional District and Sessions Judge, Islamabad dated 15-12-2004. The impugned order was passed in appeal against order of the learned trial Court who dismissed application under Order XXXIX, rules 1 and 2, C.P.C., for stopping of construction of Church till decision of the suit. Present revision is filed mainly on the ground that the plot allotted to the Christian community for construction of Church is not situated at a proper place as only Muslims are residing in the said area. To ascertain the above mentioned fact, a Local Commission was appointed by the learned trial Court, according to him, in Sector G-8/2, where the plot in question is situated, about 51 Christian families are residing and one mosque is also situated about 1000 yards away from the plot. 2. On the basis of above report and concurring with the findings of the learned Civil Judge, the appeal was dismissed and the impugned order was passed. 3. I have considered the contentions of the learned counsel for the petitioners. I find that the order of the learned Additional District Judge is well-reasoned. I am also guided by the provision of Article 20 of the Constitution which gives right to every citizen to profess, practise or propagate his religion. It further provides that every…

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