The matter of a mosque constructed on the premises of a pre-partition gurdwara, which currently houses a school, has reached the Rawalpindi district and sessions court.

The Singh Saba Gurdwara has become the subject of a dispute between the Evacuee Trust Property Board (ETPB) and the administration of the Government Ziaul Uloom High School for Boys, under whose use the gurdwara has been since 1969.

Last month, a portion of the gurdwara was pulled down for reconstruction, after the Rawalpindi Municipal Corporation declared the building dangerous and the school received Rs15 million to rebuild.

Construction was halted after the ETPB obtained a stay order from the court of the Additional District and Sessions Judge Zafar Iqbal, and the court fixed the hearing on Nov 13.

According to ETPB Rawalpindi region Deputy Director Asif Khan, the law does not permit changes to the status of non-Muslims’ places of worship, making the construction of a mosque on the premises of the gurdwara illegal. In addition, he said, the school administration had broken the law by pulling down the building without the board’s permission.

However, Mr Khan said that it would be problematic for the ETPB to take action against the mosque after it has been established. “We will not raze the mosque, but we have decided to hand it over to the Muslim Auqaf to run its affairs,” he said.

He added that the building, which is in Raja Bazaar, was the ETPB’s property, and it was illegal for the school administration to demolish the building and build the mosque.

“The [school] principal constructed a mosque in the building without permission, and became its khateeb for life. Under the law, gurdwaras and temples cannot be converted into a mosque, and a tenant will not make any changes to a building without the board’s permission,” he said.

Mr Khan said the ETPB had been asked to take action against the school administration by Hindu and Sikh residents of the area.

He explained that the ETPB had given old temples and gurdwaras to schools after sealing the main portions of religious rooms to protect them.

Mr Khan said the board had reached out to the education authority, which issued notices to the school administration but did not receive a response. The ETPB then had no choice but to take the matter to the Rawalpindi division commissioner, he said.

“It is the duty of the ETPB to repair the building and make changes to it in consultation with local Hindu and Sikh residents,” he said.

School principal Sheikh Tariq Hussain, however, argued that the construction of a mosque on the gurdwara’s premises had not changed the status of the place of worship because the mosque was built in the residential quarters and was not part of the main building.

He told Dawn: “The mosque is constructed on vacant land. There is no change of the building’s status, and the main prayer room of the gurdwara is still safe.” Mr Hussain added that a small temple in the playground was also in its original form.

He added that the possession dispute between the ETPB and the school was decided by the Lahore High Court in 2008, which had asked the secretaries of the education department and the ETPB to settle the matter. However, the matter has still not been resolved.

Mr Hussain also claimed that the ETPB wanted to construct a multi-storey shopping centre on the site, and had offered the school the third floor of said building if the matter is settled.

He said he refused the offer, adding: “If the ETPB razes the building for the construction of a shopping mall with the help of local traders, it will be awful.”

Published in Dawn, November 12th, 2017