Legal Case Summary

Case Details
Case ID 0f829b32-c9d0-4076-8f4c-8cb0eb27fbd9
Body View case body.
Case Number W.P. No. 6194-P of 2018
Decision Date Oct 07, 2020
Hearing Date Oct 07, 2020
Decision The writ petition was allowed, setting aside the impugned auction proceedings and orders dated 18.07.2016 and 20.11.2018. The court found that the auction of the Gurdwara property was conducted without proper authority and in violation of legal requirements. The court emphasized that the property in question was integral to the Gurdwara and that the auction proceedings were held secretly, undermining the rights of the Sikh community to manage their religious institutions. The court ruled that the actions of the respondents were illegal and void ab initio.
Summary In the case W.P. No. 6194-P of 2018, the Peshawar High Court addressed the legality of the auction of Gurdwara Bahi Beba Singh, a historical site for the Sikh community. The petitioners, leaders of the Sikh community, contended that the auction proceedings were conducted unlawfully and without their knowledge, violating their constitutional right to manage their religious institution. They sought to challenge the orders that facilitated the auction, claiming the property was integral to their religious practices. The court's decision underscored the importance of safeguarding religious properties and highlighted the need for transparency in the management of evacuee trust properties. The ruling emphasized that the auction process did not comply with the mandatory requirements set forth in the Evacuee Trust Properties (Management and Disposal) Act, 1975. The judgment reinforced the rights of religious communities to maintain and manage their places of worship without interference from governmental or administrative actions that do not adhere to established legal protocols. Keywords such as 'Evacuee Trust Properties', 'Constitution of Pakistan', 'Peshawar High Court', and 'Gurdwara rights' are vital for understanding the implications of this case in the context of religious freedom and property management.
Court Peshawar High Court
Entities Involved
Judges Rooh-ul-Amin Khan, Syed Muhammad Attique Shah
Lawyers Mr. Zahid Ullah Zahid, Mr. Taimur Khan, Attiq-ur-Rehman
Petitioners 5 Others, Sahib Singh
Respondents Others, Federation of Pakistan through Secretary Ministry of Religious Affairs & Inter Faith Harmony, Islamabad
Citations 2021 SLD 2010, 2021 PLJ 64
Other Citations Not available
Laws Involved Evacuee Trust Properties (Management and Disposal) Act, 1975, Constitution of Pakistan, 1973, Civil Procedure Code (V of 1908)
Sections 2(1)(d), 8, 20, 199, 42