Independent Judiciary disappoints Non-Muslim Minorities in Pakistan in forced conversion case
The non-Muslim religious minorities were disappointed over the judgment of Supreme Court in the case of the forced conversion and forced marriage of three girls.
The Chief Justice of Pakistan Chaurdry Iftikhar Hussin ordered the police to record a statement of the girls and hand over them where they want to go. Later on, after protest of the advocates, he amended the order and the statements should be recorded in the registrar office. This is clearly the violation of article 9 of constitution 1973 of Pakistan.
Despite knowing, three petitions has already been launched against the police and Civil judges of Gotki and Mirpurmathelo in the High Court Sindh for their involvement in the abduction and forced conversion and forced marriage of the Hindu girls in Sindh.
Though under section 365 and section 7 terrorist acts FIR are already lodged against accursed person.
But he allowed the kidnappers (Sitting MNA Mian Mitho, Mian Aslam, Mian Rafiq, Hisam Kalwar, Naveed Sha, Mahfooz Shah and others) without hearing the parents to record the statement and even the parents and advocates were not allowed in the registrar office.
Moreover, during the proceeding of the case in the Supreme Court, the girls were remained under the pressure because they were not allowed to sit freely, even Chief Justice noticed it and ordered them to leave them alone but orders went in vein.
However, the more hurting for the parents, all minority and civil society was in the court room when Chief Justice did not record the statements of the depressed girls in the open court room but he should take a statement of the girls in camera in presence of advocates.
As the girls handed over the typed on white paper chit to Judges these were given by the police to girls. Where from the typed chits came in the hands of the girls in the shelter house in Karachi and Islamabad?
As per article 9 of the constitution of 1973 of Pakistan, the free will statement should be recorded separately from each girl before the Judges but unfortunately it was not done.
There were flaws in the judgment of the Supreme Court because it was written first and the statements of the girls were recorded later on which is clearly violation of the article 9 of the constitution 1973 of Pakistan.
It was observed in Supreme Court that Chief justice had always tried to interpret the case from its every angle but at this, he did not do so, even top known councils representing the parents tried to present the other aspects of the case but he clearly denied listening a single word.
It was extremely injustice with parents who were not allowed to meet the girls after the statement was taken under police custody and parents were crying and weeping outside of the court in front of media.
Even the Chief Justice forgot a statement given by Rinkle Kumari in first hearing in the Supreme Court on March 26, 2012, in which she said that she wanted to go with her mother and she cried for not leaving court even the media channels aired it. The Chief Justice clearly announced himself that she wanted to go with her mother.
On April 10, when so called acussed Naveed shah files the petition through council for meeting with Rinkle kumari at shelter house in Karachi and again the Chief Justice of Pakistan said that Rinkle Kumari wanted to go with her mother. Then what happened during last one week? Why behavior of high ups of government and judges was changed?
Although, the recommendations of National Assembly (NA) Standing Committee on Human Right and the recommendation of Islamic Ideology council (IIC) of Pakistan were also ignored by the Supreme Court.
The NA committee clearly suggested that the girls should not be allowed to stay in Shelter Home Karachi but instead they should be allowed to be stayed in any shelter home in Islamabad. Other recommendation of the committee was that four women Parliamentarian will take a statement from the girls in free atmosphere.
During the press conference held by IIC on March 26, 2012, IIC clearly announced that forced conversion and forced marriage was not allowed in the Islam and if Rinkle kumari wants to go back to the parents and she will not be murtab ( to be killed if he or she want to convert from Islam to other religion).
The role of police and lower courts in the Sindh remained so disappointed in resolving the issues of Hindu communities that it forced the majority of the Hindu families to leave Sindh. During last six month, 50,000 families of Hindu communities have migrated to India, if such situation persists, no will prevent the million people from Hindu communities to cross the Indian border legally and illegally.
Amar Lal former Advisor to Muhtarma Benazir Bhuto
Former Special Assistance to Prime Minister / Former Federal Minister / Chairman Pakistan Minorities Commission
Cell # 0092-3008261539
0092-332-8261539
3 hours agoParkash Talreja
Parent of Rinkle to go for Judicial Commission, Review Petition, International communities
The Parents of Rinkle Kumari said that we will file review appeal in Supreme Court and judicial inquiry of Mirpur Mathelo Terrorist Act, and torture and pressure of the police and force meetings with Rinkle Kumari at Karachi and during traveling to Islamabad and in Shelter home Islamabad.
They said that there are flaws in judgment. The judgment was written first and the statements of girls were taken later on. When they (girls) came out of Bakhtar Band Gari, there was a white paper typed chit in their hand given by police, and they pressured them.
Before they should go with accused persons or with parents, chief justice should hear them in camera in presence of advocates.
As per article 9, the free will statement should be recorded separately from each girl before the judges, it was not done.
Rinkle Kumari told one of his advocate out of the registrar office that on March 26, 2012, I gave a statement before Chief Justice that I will go with mother, but not allowed and I was under pressured and threatened in the shelter house, Karachi and Islamabad by police, Mian Mitho and his sons that you will be murted (any Muslim changes his religion will be killed) and killed if you will go back to Hindu family.
She told that I was sexually abused on February 26 and 27 during police custody in Sukkur and on March 25 and April 17 in shelter house Islamabad.
So to save my life and my parents, I have to do what police says under pressure and threats. She said in Supreme Court on March 26, I said to chief justice to record my statement but he did not record. And I told that I will sleep in the court but will not go to shelter home because they will kill me. She said that I told KTN that this is a Muslim country; they hear Muslims and not me and they cooperate each other and they will not provide justice.
Mr. Raj Kumar, Mr Amar Lal, former AG Sindh Yousuf Laghari and Shabir Shar council of family told that our senior advocate has decided to go on review and applied and requested for judicial inquiry and thinking to go to international court and UN human rights commission, Amnesty International and European Parliament and US Congress for justice and against religion discrimination.
We have already in contacts with Minorities MNAs, MPAs, MNA Azhran Pechuho, Nafisa Shah, Roshan Junejo, Hasil Khan Benzenjo and other liberal Muslims MNA and senator
It may be recalled that Rinkle Kumari kidnapped by Mian Mitho, Mian Aslam, Mian Rafiq, Naveed Shah, Mahfooz Shah and Hisam Kalawar and three others at 4:00 am on February 24, 2012 from Mipur Mathelo and FIR was launched after public protest at 8:00 pm.
On February 25, statement was recorded at Ghotki before civil judge and she wanted to go to mother but she was sent to police custody illegally. On February 27, Mirpur Mathelo Magistrate without hearing the parents and girl sent her to Naveed Shah and kidnappers.
However, On April 10, Speaking on seminar organized by Fundamentalist Extremist Religious organization Anjum Talba Islam (Suni Tahreek) in the Islamabad Hotel, Mian Mitho said that I will not accept the orders of the Supreme Court, I will follow shariat instead. If Rinkle go to the parents, she is murtad and killed.
Replying an other question, he said that I am not Gadi Nasheen of Barchundi Shareef and Mian Abdul Khaliq is Gadi Nashen and he said that all Gadi Nasheen of Sindh gets the money and returns to girls, they don’t covert. I am the only champion only in the Sindh.
Further, He said that I will not obey the orders of the President Asif Ali Zardari on this issue and the seat of MNA is under my foot.
1 The family and Concils have decided to file review appeal in the Supreme Court and judicial inquiry of the Mirpir Mathelo pubic event and firing of Mian Mitho and his culprits and colleagues, in this matter, FIR of kidnapped should be restored and under terrorist act section 7, they should be challend.
2 What happened in last six month with religious minorities (Hindu and Christian) in the Sindh and Balochistan including kidnapping of girls for forced conversion and ransom and also it is noted so many youngsters, religious scholars and saints and officers were kidnapped.
Council Amar Lal Former Advisor to Muhtarma Benazir Bhutto, Chairman Minority Commission, former Federal Minister and Special Assistance to Prime Minster.
Cell# 0092-8261539, 0092-332-8261539
Raj kumar Petitioner and Maternal uncle of Rinkle Kumari
Shahib Shar Council to Supreme Court
Marvi Sirmad Human Rights Activist and Column writer
