Despite a legally binding treaty and several other declarations, agreements and promises on gender equality and human rights in the past 50 years,
True extract/ context of the constitutional writ petition filed on behalf of the Ten million Christians of Islamic Pakistan by GPFP to Visit Israel.
IN THE HIGH COURT OF SINDH AT KARACHI
Const. Petition No. / 2007
1. M/S. God’s People Fellowship of Pakistan
Through it’s Secretary General,
Asharf Pervez Butt
S/o Ch. Murad (Late),
Christian, adult, R/o Block-A
16/11, Qayoomabad , Korangi Road, Karachi……………… PETITIONER
sec_gen_gpfp@yahoo.com
V/S
1. FEDERATION OF PAKISTAN
Through Attorney General of Pakistan
Islamabad.
2. MINISTERY OF FOREIGN AFFAIRS
Government of Pakistan,
Through it’s Secretary,
Islamabad.
3. MINISTERY OF INTERIOR
Government of Pakistan,
Through it’s Secretary,
Islamabad.
4. DIRECTOR GENERAL PASSPORT
Government of Pakistan,
Islamabad.
5. MINISTRY OF LAW JUSTICE & HUMAN RIGHTS,
Government of Pakistan,
Through it’s Secretary,
Islamabad.
6. MINISTRY OF MINORITIES & RELIGIOUS AFFAIRS,
Government of Pakistan,
Through it’s Secretary,
Islamabad.
7. UNITED NATIONS ORGANIZATION,
Through it’s High Commissioner,
Islamabad……………………………………RESPONDENTS. [1]
CONSTITUTION PETITION UNDER ARTICLE
199 OF THE CONTITUTION OF ISLAMIC
REPUBLIC OF PAKISTAN 1973
The petitioner above named respectfully submit their case as under.
1. That the Petitioner are the Christian citizen of Pakistan and belonging to the biggest Christian religious minority of Pakistan, they are running religious Organization for the betterment of Christian community living in Pakistan and they are extending such religious welfare activities in the country.
2. That the Christian community are the believers of “Holy Bible†which they recite, believe and have faith upon its preaching / teaching, as such under such context in the light of teaching of Holy Bible they deem the places of Jerusalem (The Holy City of King David and most high God of Israel, most scared place for Jewish’s people, Christian, as well as Muslim also, Bethlehem (The Birth place of Jesus Christ), skull place (Where the Jesus Christ crucified), Olive Mount (Mound of the Sermon and Second coming place of Jesus Christ) Holy Sepulcher Church (Burial place of Jesus Christ) the Ruins of Solomon’s Temple, Western Wailing wall, Nazareth etc, to be their most sacred and holy places where Jewish and followers of other religious including Christians and Muslim, and used to pay pilgrim visits from all over the world. The Christian minority living in Pakistan is a biggest minority of the country with a population of about 10 million and they have been keen desire and dream to pay Pilgrim visits to such sacred and holy places under the context of Holy Bible but since the creation of our beloved country Islamic Pakistan, their such desires / dream were not materialized / fulfill due to the fact that Pakistan has not recognized the State of Israel up till now and the control of as such holy places are with the State of Israel as well as Palestine authority, hence the Christians of Pakistan were deprived from performance of their prayers and religious obligation.
3. That the constitution of Islamic Republic of Pakistan 1973 has duly guaranteed
In fundamental Rights and the freedom of Religious affairs of minorities living in Pakistan as envisaged under Article 20 and 36 of the Constitution but in such terms, discussed hereinabove, the 10 million Christian of Pakistan are not satisfied with the guaranteed fundamental rights as they are provide of performing their religious ritual obligation in respect of pilgrim visits to such Holy and sacred places situated within the territories of the State of Israel and Palestinian territory, such Pilgrim/ visits are of course, the vital part of Christian faith, just as “ HAJJ†is a part of Muslims faith.
[2]
4. That so much so that the Federation of Pakistan has put an embargo to visit Israel particularly for performing the religious pilgrim by the Christians of Pakistan as such this ban is violation of the fundamental rights of the constitution of Pakistan which are guaranteed to every citizen without any discrimination of minority, religious, sect, color, race community, etc.
5. That it is also pertinent to mention here that the religious of Islam has also provided safe â€" guard and full protection of Person, property and performance religious affairs to each and every Non- Muslim citizen of that Islamic State, particularly on the context of eminent “MADINA TERATY†in which Holy Prophet Muhammad (Peace be upon him) provided safeguard and protection to Non- Muslim, dwelling in the first Islamic State viz MADINA (Saudia -Arabia) more over as per such Madina treaty, the Holy Prophet Muhammad (Peace be upon him) duly made trade/ business, political and military contracts/ agreement with the Jewish people of Madina at that time.
6. That inspite of all these facts and circumstances the respondents are not allowing the biggest Christian religious minority of Pakistan to have religious pilgrim visit for pilgrimage to the holy places situated in the Holy Bible Land of Israel, hence this petition on the following grounds.
[3]
GROUNDS
1. That the respondents have no reasonable/ cogent or sufficient ground to prevent the peoples of biggest Christian’s minority of Pakistan from the performance of their religious obligation and to have their pilgrim visits for pilgrimage at the above said holy/ sacred places situated in holy Bible Land of Israel, hence the fundamental rights of religious freedom of the minorities are being curtailed.
2. That the Respondent No. 1 has not recognized the State of Israel and as such the issue and grievance of the petitioner who are repressing the Christian minority of Pakistan, could not be redressed their grievances until the State of Israel is recognized by the Respondent No.1 and diplomatic ties/ relation be maintained or the special permissions/ Passports be issued to the Christians Citizen of Pakistan to have the honor of such pilgrim visits of such holy places situated in Israel hence the respondents may be directed to ensure the religious freedom of the petitioner and Christian minority to enable them to perform their religious obligation freely.
3. That the Respondent No. 1 has duly recognized the State of India and have maintained diplomatic ties with that country and the people of both states are allow to visits each of them even to meet with their relatives, although the state of India has been constant and conferred to Pakistan and so much so that three times both the State have fought battles but still there are diplomatic ties/ relations maintained between them and they both are endeavoring to straight their relation trough dialogues but as the respondent No. 1 neither recognized the State of Israel nor maintained any diplomatic ties/ relation with the Israel for the purposes of having permissions of pilgrim visit of Christian minority of Pakistan to visit the Holy Bible Land of Israel for religious obligations because infect Israel is a ground reality and its physical existence can not be denied, therefore, the minority (Christian of Pakistan) are suffering seriously in terms of deprivation of their legitimate religious rights which are guaranteed under the constitution of Islamic republic of Pakistan.
[4]
4. That it is pertinent to note here that the State of Israel is the full fledged member of U.N.O and is a democratic State and out of approximate 57 Islamic Countries of the world, as many as 32 Islamic Countries have duly recognized State of Israel and out of 191 Member (countries) of U.N.O as many as 161 countries have also recognized it but inspite of these facts and figures the discriminate attitude / treatment is being made is being made with the biggest Christian minority of Pakistan which is not only the violation of the fundamental rights of Christian citizen of Pakistan but it is also violation of Universal Charter of Human Rights (U.N.O) and Respondent No.1 is also signatory to the said Universal Charter of Human Rights of U.N.O.
5. That the aforesaid cats and omission of the respondents are also in flagrant violation of the fundamental Rights given to the minorities in the constitution as well as promised by the pioneer of Pakistan Quaid-e-Azam Muhammad Ali Jinnah in his speech of 11th August 1947,in which Quaid-e-Azam guaranteed the fundamental rights of respect of person property and religious freedom of minority in Pakistan and as such the respondent concerned are liable to be directed to make necessary arrangement for the Pilgrim visit of Pakistan Christian to such Holy places now under the control of Israel and Palestinian Authority.
6. That the religious of Islam has also provided safeguard and full protection of persons property and performance of religious affairs to each and every non Muslim citizen of an Islamic State who is a lawful tax paying citizen of that Islamic state particularly under context of eminent “ Madina Treaty†in which Holy Prophet Muhammad (Peace be upon him) provided safeguard and protection to the Non- Muslim, Dewlling in first Islamic state viz, Madina (Kingdom of Saudia Arabia).
7. That the federation of Pakistan is also member of United Nation of Organization (U.N.O) and as such they have signed and subscribed the U.N.O Universal Human Rights Charter which provides religious freedom to the minority of countries member as such the acts and omissions of the respondents are also in violation of said U.N.O. Declaration of Human Rights and International Law.
8. That the petitioner have repeatedly raised their tireless voice/ struggles the redress of their grievances through press media etc. but the respondents did not pay any heed to the same. [4]
(Press Clipping are attached herewith for the kind perusal of this Humble Court).
9. That the petitioner have tried not to conceal any material fact while getting this petition drafted.
10. That there is no alternate efficacious and adequate remedy is available to the petitioner except by way of this writ petition.
PRAYER
It is therefore prayed that this hon’ble Court may be pleased to issue a writ of Mandamus thereby directing the respondents to make immediate necessary arrangement for the pilgrim visits of Christian minorities living in Pakistan to the sacred/ holy places mentioned in the body of this petition, situated in Holy Bible Land State of Israel and Palestine authority either by issuing recognize the State of Israel on maintaining diplomatic ties/ relation with them or by issuing special Permission/ special visas/ endorsement in Pakistani Passports to have pilgrim visit to the said holy places situated in the Holy Bible Land of Israel and Palestine Authority so that the ends of justice may be met with.
Karachi.
Dated: 09-02-2007
Petitioner:
Asharf P Butt
Advocate
Const. Petition No. / 2007
1. M/S. God’s People Fellowship of Pakistan
Through it’s Secretary General,
Asharf Pervez Butt
S/o Ch. Murad (Late),
Christian, adult, R/o Block-A
16/11, Qayoomabad , Korangi Road, Karachi……………… PETITIONER
sec_gen_gpfp@yahoo.com
V/S
1. FEDERATION OF PAKISTAN
Through Attorney General of Pakistan
Islamabad.
2. MINISTERY OF FOREIGN AFFAIRS
Government of Pakistan,
Through it’s Secretary,
Islamabad.
3. MINISTERY OF INTERIOR
Government of Pakistan,
Through it’s Secretary,
Islamabad.
4. DIRECTOR GENERAL PASSPORT
Government of Pakistan,
Islamabad.
5. MINISTRY OF LAW JUSTICE & HUMAN RIGHTS,
Government of Pakistan,
Through it’s Secretary,
Islamabad.
6. MINISTRY OF MINORITIES & RELIGIOUS AFFAIRS,
Government of Pakistan,
Through it’s Secretary,
Islamabad.
7. UNITED NATIONS ORGANIZATION,
Through it’s High Commissioner,
Islamabad……………………………………RESPONDENTS. [1]
CONSTITUTION PETITION UNDER ARTICLE
199 OF THE CONTITUTION OF ISLAMIC
REPUBLIC OF PAKISTAN 1973
The petitioner above named respectfully submit their case as under.
1. That the Petitioner are the Christian citizen of Pakistan and belonging to the biggest Christian religious minority of Pakistan, they are running religious Organization for the betterment of Christian community living in Pakistan and they are extending such religious welfare activities in the country.
2. That the Christian community are the believers of “Holy Bible†which they recite, believe and have faith upon its preaching / teaching, as such under such context in the light of teaching of Holy Bible they deem the places of Jerusalem (The Holy City of King David and most high God of Israel, most scared place for Jewish’s people, Christian, as well as Muslim also, Bethlehem (The Birth place of Jesus Christ), skull place (Where the Jesus Christ crucified), Olive Mount (Mound of the Sermon and Second coming place of Jesus Christ) Holy Sepulcher Church (Burial place of Jesus Christ) the Ruins of Solomon’s Temple, Western Wailing wall, Nazareth etc, to be their most sacred and holy places where Jewish and followers of other religious including Christians and Muslim, and used to pay pilgrim visits from all over the world. The Christian minority living in Pakistan is a biggest minority of the country with a population of about 10 million and they have been keen desire and dream to pay Pilgrim visits to such sacred and holy places under the context of Holy Bible but since the creation of our beloved country Islamic Pakistan, their such desires / dream were not materialized / fulfill due to the fact that Pakistan has not recognized the State of Israel up till now and the control of as such holy places are with the State of Israel as well as Palestine authority, hence the Christians of Pakistan were deprived from performance of their prayers and religious obligation.
3. That the constitution of Islamic Republic of Pakistan 1973 has duly guaranteed
In fundamental Rights and the freedom of Religious affairs of minorities living in Pakistan as envisaged under Article 20 and 36 of the Constitution but in such terms, discussed hereinabove, the 10 million Christian of Pakistan are not satisfied with the guaranteed fundamental rights as they are provide of performing their religious ritual obligation in respect of pilgrim visits to such Holy and sacred places situated within the territories of the State of Israel and Palestinian territory, such Pilgrim/ visits are of course, the vital part of Christian faith, just as “ HAJJ†is a part of Muslims faith.
[2]
4. That so much so that the Federation of Pakistan has put an embargo to visit Israel particularly for performing the religious pilgrim by the Christians of Pakistan as such this ban is violation of the fundamental rights of the constitution of Pakistan which are guaranteed to every citizen without any discrimination of minority, religious, sect, color, race community, etc.
5. That it is also pertinent to mention here that the religious of Islam has also provided safe â€" guard and full protection of Person, property and performance religious affairs to each and every Non- Muslim citizen of that Islamic State, particularly on the context of eminent “MADINA TERATY†in which Holy Prophet Muhammad (Peace be upon him) provided safeguard and protection to Non- Muslim, dwelling in the first Islamic State viz MADINA (Saudia -Arabia) more over as per such Madina treaty, the Holy Prophet Muhammad (Peace be upon him) duly made trade/ business, political and military contracts/ agreement with the Jewish people of Madina at that time.
6. That inspite of all these facts and circumstances the respondents are not allowing the biggest Christian religious minority of Pakistan to have religious pilgrim visit for pilgrimage to the holy places situated in the Holy Bible Land of Israel, hence this petition on the following grounds.
[3]
GROUNDS
1. That the respondents have no reasonable/ cogent or sufficient ground to prevent the peoples of biggest Christian’s minority of Pakistan from the performance of their religious obligation and to have their pilgrim visits for pilgrimage at the above said holy/ sacred places situated in holy Bible Land of Israel, hence the fundamental rights of religious freedom of the minorities are being curtailed.
2. That the Respondent No. 1 has not recognized the State of Israel and as such the issue and grievance of the petitioner who are repressing the Christian minority of Pakistan, could not be redressed their grievances until the State of Israel is recognized by the Respondent No.1 and diplomatic ties/ relation be maintained or the special permissions/ Passports be issued to the Christians Citizen of Pakistan to have the honor of such pilgrim visits of such holy places situated in Israel hence the respondents may be directed to ensure the religious freedom of the petitioner and Christian minority to enable them to perform their religious obligation freely.
3. That the Respondent No. 1 has duly recognized the State of India and have maintained diplomatic ties with that country and the people of both states are allow to visits each of them even to meet with their relatives, although the state of India has been constant and conferred to Pakistan and so much so that three times both the State have fought battles but still there are diplomatic ties/ relations maintained between them and they both are endeavoring to straight their relation trough dialogues but as the respondent No. 1 neither recognized the State of Israel nor maintained any diplomatic ties/ relation with the Israel for the purposes of having permissions of pilgrim visit of Christian minority of Pakistan to visit the Holy Bible Land of Israel for religious obligations because infect Israel is a ground reality and its physical existence can not be denied, therefore, the minority (Christian of Pakistan) are suffering seriously in terms of deprivation of their legitimate religious rights which are guaranteed under the constitution of Islamic republic of Pakistan.
[4]
4. That it is pertinent to note here that the State of Israel is the full fledged member of U.N.O and is a democratic State and out of approximate 57 Islamic Countries of the world, as many as 32 Islamic Countries have duly recognized State of Israel and out of 191 Member (countries) of U.N.O as many as 161 countries have also recognized it but inspite of these facts and figures the discriminate attitude / treatment is being made is being made with the biggest Christian minority of Pakistan which is not only the violation of the fundamental rights of Christian citizen of Pakistan but it is also violation of Universal Charter of Human Rights (U.N.O) and Respondent No.1 is also signatory to the said Universal Charter of Human Rights of U.N.O.
5. That the aforesaid cats and omission of the respondents are also in flagrant violation of the fundamental Rights given to the minorities in the constitution as well as promised by the pioneer of Pakistan Quaid-e-Azam Muhammad Ali Jinnah in his speech of 11th August 1947,in which Quaid-e-Azam guaranteed the fundamental rights of respect of person property and religious freedom of minority in Pakistan and as such the respondent concerned are liable to be directed to make necessary arrangement for the Pilgrim visit of Pakistan Christian to such Holy places now under the control of Israel and Palestinian Authority.
6. That the religious of Islam has also provided safeguard and full protection of persons property and performance of religious affairs to each and every non Muslim citizen of an Islamic State who is a lawful tax paying citizen of that Islamic state particularly under context of eminent “ Madina Treaty†in which Holy Prophet Muhammad (Peace be upon him) provided safeguard and protection to the Non- Muslim, Dewlling in first Islamic state viz, Madina (Kingdom of Saudia Arabia).
7. That the federation of Pakistan is also member of United Nation of Organization (U.N.O) and as such they have signed and subscribed the U.N.O Universal Human Rights Charter which provides religious freedom to the minority of countries member as such the acts and omissions of the respondents are also in violation of said U.N.O. Declaration of Human Rights and International Law.
8. That the petitioner have repeatedly raised their tireless voice/ struggles the redress of their grievances through press media etc. but the respondents did not pay any heed to the same. [4]
(Press Clipping are attached herewith for the kind perusal of this Humble Court).
9. That the petitioner have tried not to conceal any material fact while getting this petition drafted.
10. That there is no alternate efficacious and adequate remedy is available to the petitioner except by way of this writ petition.
PRAYER
It is therefore prayed that this hon’ble Court may be pleased to issue a writ of Mandamus thereby directing the respondents to make immediate necessary arrangement for the pilgrim visits of Christian minorities living in Pakistan to the sacred/ holy places mentioned in the body of this petition, situated in Holy Bible Land State of Israel and Palestine authority either by issuing recognize the State of Israel on maintaining diplomatic ties/ relation with them or by issuing special Permission/ special visas/ endorsement in Pakistani Passports to have pilgrim visit to the said holy places situated in the Holy Bible Land of Israel and Palestine Authority so that the ends of justice may be met with.
Karachi.
Dated: 09-02-2007
Petitioner:
Asharf P Butt
Advocate
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