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SC directs payment of Diyat to Lal Masjid deceased heirs
By Adnan Rafique
ISLAMABAD—Supreme Court has directed Federal Government to make payment
of compensation equal to one Diyat for one death to the legal heirs of
all the innocent deceased in Lal Masjid
The two member bench of Supreme Court comprising of Hon’ble Judges Mr.
Justice Muhammad Nawaz Abbasi and Mr. Justice M. Javed Buttar in its
order in C.M.As NO. 2134, 2148 AND 2165 OF 2007 IN SUO MOTU CASE NO. 9
OF
2007 dated 2-10-2007, has directed that the Federal Government shall
make the payment of compensation to the legal heirs of all the innocent
deceased who have been killed in the incident and process for payment of
compensation shall be completed under the control and supervision of
Sessions Judge, Islamabad, within two months.
The Court directed that “The police shall verify the antecedents of all
those who have been innocently killed in the incident and will record
the statements of their legal heirs to determine their entitlement for
the payment of compensation in the form of Diyat and subject to the law
and necessary verification of the genuineness of the legal heirs in each
case by the Sessions Judge, Islamabad, the Federal Government shall make
the payment of compensation equal to one Diyat for one death to the
legal heirs of all such deceased and may settle the matter with them in
accordance with law through the intervention of learned Sessions Judge,
Islamabad. The Court directed the Police authorities to proceed further
in accordance with law and submit a comprehensive report before next
date of hearing.
CDA submitted a report, before the Hon’ble Court containing the proposal
for constitution of building as under: - 250.56 Sqy of land already
allotted to girls Madrassa will be used for the same purpose. A Madrassa
building for day scholars’ girls will be constructed by the CDA. The use
of remaining area encroached by the Madrassa has not yet been finalized.
However, the land is likely to be utilized for construction of buildings
related to research/education and other similar fields.
The Hon’ble Bench directed that “in the light of proposal of CDA we are
of the view that in addition to the building of Madrassa and Research
Center, the CDA may also consider the construction of hostel with
Madrassa as without hostel no students out of Islamabad and Rawalpindi
will be benefited. The total land referred therein which was in the use
of Jamia Hafsa subject to all just exceptions, may be treated as part of
the institution and Research Center for religious education and efforts
should be made to complete the construction of the building of Madrassa
and Research Center within a year”.
The Bench further directed that, “In view of the fact that the poor
students are suffering due to the fault of others and they were not at
all responsible for the sad incident, we in the interest of their
educational carrier deem it proper to direct that subject to all just
exceptions, the government shall provide a suitable place to accommodate
and adjust the female students of Jamia Hafsa who have been dislocated
due to the sad incident and their studies have been discontinued to
enable these students to continue their studies. |