Supreme Court wraps up suo motu case on Lal Masjid operation

ISLAMABAD: The Supreme Court (SC) has wrapped up suo motu notice over the Lal Masjid operation case after assurance of the government for construction of the seminary, ARY News reported on Thursday.

A two-member bench under Justice Gulzar Ahmed’s stewardship heard the suo motu case over Lal Masjid operation.

Attorney General, who appeared in the hearing, assured the apex court regarding the construction of madrassah which would be kept under the administrative control of the government.

The top court wrapped up the suo motu case after the assurance of the government for construction of the Jamia Hafsa’s building which was destroyed during 2007’s operation.

On March 12, the Supreme Court had been informed that Lal Masjid was built over government land by the Capital Development Authority (CDA) during the hearing of Lal Masjid.

Chief Commissioner Islamabad informed that the CDA had built the mosque (Lal Masjid).

“Who had recruited the prayer leader of the mosque,” Justice Faez Essa, a member of the bench, asked the commissioner. “The Evacuee Properties Trust had appointed Maulana Abdullah as the prayers leader,” the chief commissioner replied. After Maulana Abdullah his son Maulana Abdul Aziz was appointed on the job, the commissioner further said.

“It means Maulana Abdul Aziz was a government employee,” Justice Gulzar observed. Maulana Abdul Aziz was removed from his post in year 2004, the commissioner said.

He retained control of the mosque after his removal from the job, the commissioner further said.

“The mosque had become his personal property,” Justice Gulzar remarked. “Are you saying the government could not be able to vacate the mosque? Justice Ijazul Ahsan, another member of the bench remarked.

“In 2007’s operation the building of Jamaa Hafsa was destroyed and 20 kanal land was allotted in year 2011 on the directives of the Supreme Court,” the chief commissioner apprised the court.

“You mean the CDA allotted the state land to a private institution? Justice Gulzar Ahmed asked. The court had ordered construction of the building not awarding it to someone, Justice Gulzar further said. “How can you grant the property of CDA to someone? Justice Gulzar said. The space could temporarily be used by someone but it will remain your property, the court remarked.

“It is like this as the state is the owner of the Supreme Court but we are only its residents,” Justice Qazi Faez Essa said.

“You should read the court decision again and inform the detail of the matter to the court, Justice Essa further said.

“Running a private institution on government land is impermissible,” Justice Gulzar further said. “A private institution could only be run on your purchased place,” Justice Gulzar said.

Earlier, the bench resented over the lawyer of the CDA for appearing in the court delayed and without preparing for the case.

The bench summoned the chairman Capital Development Authority (CDA) in the court.

Justice Gulzar Ahmed asked about the space of the plot on which Lal Masjid was established and the ownership of that plot. The Deputy Attorney General on the court’s query said that the Lal Masjid was built over the government’s land.

Tariq Asad Advocate, who appeared to represent the mosque, told the court that the mosque was expanded with the passing time. Justice Gulzar observed that illegal expansion of a mosque is prohibited in Islam.

The mosque’s counsel said he don’t think it appropriate to answer such questions. Mr Tariq Asad this is the crux of the matter, Justice Gulzar said.

“I know the case will be dismissed,” mosque’s counsel Tariq Asad said.

Justice Faez Essa, a member of the bench, asked the counsel to whom you are representing in the case. “I am lawyer of the Lal Masjid,” the counsel said. “But the Lal Masjid is not any (legal) entity, the justice said. “I have filed advocacy papers for Maulana Abdul Aziz and Umme Hassan,” Tariq Asad advocate replied.

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