A/HRC/4/21/Add.1
page 56
According to the information received, on 25 January 1996, he was granted promotion to the post
of Superintendent. On 6 August 1998, the promotion was withdrawn on the grounds that the
Punjab Waqf Properties Ordinance 1979 did not permit the promotion of a non-Muslim as an
officer. On 18 September 2000, the High Court of Lahore allowed his petition against the
decision to withdraw the promotion (No. 13894/1996) and he was subsequently reinstated. On 29
January 2001, he was once again demoted on the grounds that his promotion had been illegal. On
13 October 2004, the High Court of Lahore allowed his petition against the demotion finding that
the prohibition on the promotion of non-Muslims to officer positions in the Punjab Waqf
Properties Ordinance violated Article 27 of the Constitution, which provides that, “No citizen
otherwise qualified for appointment in the service of Pakistan shall be discriminated against in
respect of any such appointment on the ground only of […] religion […]” (No. 2398/2002).
Despite the judgment of the High Court of Lahore, Shaukat Ali Wahla has not been reinstated to
the post of Superintendent or considered for further promotion.
Response from the Government dated 27 April 2006
235. The Government informed the special Rapporteur about the case of Mr. Shaukat Wahla.
Once Mr. Wahla approached the Honourable Lahore High Court, this Court stated on 13 October
2004 that the guarantee against discrimination on the ground of religion is absolute and not
subject to reasonable qualification or restriction. Therefore, Section 5(1) added to the Punjab
Waqf properties Ordinance 1979 (iv of 1979) by the Punjab Ordinance No. XIII of 1984 violates
Article 27 of the Constitution of Pakistan.
236. The Honourable Lahore High Court also stated that “as far as the second contention of
the learned counsel for the petitioner that a Superintendent is not an officer concerned, it is not
required to be determined in this case…Therefore, on the basis of part II of the Schedule, in the
absence of job description of the post of Superintendent, it is not possible to say whether he is or
not an officer for the purpose of proviso of the Punjab Ordinance No. IV of 1979”.
237. The Auqaf Department has since filed a petition to the Honourable Supreme Court of
Pakistan against the decision of the Honourable Lahore High Court, which has been admitted.
Since the Honourable Lahore High Court’s judgement has not been suspended by the
Honourable Supreme Court, the case of promotion of Mr. Wahla as an Officer Superintendent
was considered by the Departmental Promotion Committee in its meeting held on 7 April 2005,
and was promoted as Superintendent subject to the final decision of the Apex Court.
Observations
238. The Special Rapporteur is grateful for the response from the Government and she would
be appreciative to be informed of recent developments in that case.
Urgent appeal sent on 15 February 2006 jointly with Chairperson-Rapporteur of the
Working Group on Arbitrary Detention
239. The Special Procedures mandate holders raised their concerns at the case regarding Mr.
Younis Masih, a citizen of Pakistan of Christian faith, resident in the Chunngi Amar Sadu area
of Lahore. According to the information received, Younis Masih was arrested on charges of
blasphemy on 11 September 2005 and taken to Kot Lakhpat jail, in Lahore, where he is still