ISLAMABAD: The Supreme Court, which is at the centre of a controversy regarding its order about a mosque built on the land of a park near Tariq Road, on Tuesday ignored government’s request of maintaining the status quo until the Sindh government furnished a fresh report on the issue.

At the last hearing on Dec 28, 2021, Chief Justice of Pakistan Gulzar Ahmed while hearing a number of cases regarding encroachments and unauthorised constructions on public spaces had ordered the Karachi administrator to restore within a week the true status of the park land on main Tariq Road where a mosque with the name of Madina Masjid had been built.

However, the Supreme Court directions created quite a furore and attracted criticism especially from religious leaders, who warned to create a situation if the mosque was ever demolished.

The request to alter court’s earlier order was made by Attorney General for Pakistan (AGP) Khalid Jawed Khan before a three-judge SC bench headed by the CJP stating that the earlier directions had created quite an unrest especially when the building of the mosque on the park land did not have any commercial intent or activity.

CJP says govt can provide alternative space for shifting of Madina Masjid

At the last hearing, the CJP had noted that the layout plan of PECHS showed 1,095 square yards of park on Tariq Road but it seemed that the park had been encroached upon and a mosque by the name of Madina Masjid had been constructed besides the entire of the park had been occupied by the mosque except a corner showing perhaps a sub-station of the K-Electric.

During the hearing, the administrator of the district municipal corporation-East had acknowledged the presence of a big mosque on the park land and that he would ensure that the land was restored to its original status.

On Tuesday, the AGP requested before the bench to alter its earlier direction and order the Sindh government to furnish the report and until the report was filed issue a stay against the demolition of the mosque since the true facts may not have been brought before the court.

The CJP, however, regretted that the court cannot take back its order otherwise it would frustrate the entire purpose of removing encroachment from the Karachi city. In the meanwhile the government can manage the situation by granting an alternative space for shifting of the Madina mosque, the CJP observed.

But the AGP, without highlighting the real situation, reminded the court that a number of issues had cropped up though the intention of the court may not be what was being portrayed by certain elements. The CJP observed that he himself had seen the park with his own eyes.

Justice Qazi Muhammad Amin Ahmed, also a member of the bench, regretted that this was a dangerous trend and there would be no end to it. He added this was irreligious and Islam did not allow building of a worship place in such a manner.

To build the mosque is a good thing, but the real intention behind constructing the mosque on a public space in fact points towards some commercial activity, he said.

Justice Qazi Amin also regretted that the religion should not be used for certain purposes in such a manner, adding the real intent behind seeking the fresh court order was: “Let the heaven falls but the government should not”.

The AGP pleaded that it was the obligation of the state to provide to its citizens a worship place. He added the court should order maintaining status quo and in the meantime the government would find the alternative place for the shifting of the mosque.

During the hearing a trustee of the mosque, who was hooked through a video link from Karachi, told the court that the mosque was built in 1980 with the intention of providing space to the faithful.

However, the CJP observed that it was wrong to suggest that the mosque was built since the people were facing difficulty in offering prayers.

The court ordered the Sindh government to furnish a fresh report about the park land and the mosque. The court then adjourned the hearing till Jan 13.

Published in Dawn, January 5th, 2022