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Singh bus stop, Javed entered Jamia Hassan Bin Murtaza madrasa, which is looked
after by Maulvi Ghulam Rasaal, the imam of the madrasa. When Javed Anjum
Masih stopped to drink water from a tap, some students in the madrasa and the
imam erroneously took him for a tap thief and tortured him, resulting in 12
injuries, including a fatal blow to his kidney. Javed Masih was freed on 23 April
2004. His relatives took him from Taba Tek Singh railway gate in serious
condition. He was then admitted in the Allied Hospital, Faisalabad, where he died
on 2 May 2004. The police registered First Information Report No.109 against
Maulvi Ghulam Rasaal and two unknown persons. At the time of the
Government’s response, Maulvi Ghulam Rasaal was held in police custody.
180. The Government indicated that the allegation regarding converting Javed
Masih to Islam was false. Moreover, the claim of the deceased’s family that would
produce videotape showing the boy being coerced to accept Islam had not yet been
produced before the police authorities. The Government requested the Special
Rapporteur to drop further consideration of the case.
By letter dated 7 July 2004, the Government of Pakistan responded to the case
concerning Deewan Hashmat Hayat and stated that, upon application of Mr.
Hayat, case No.74/3 under section 436/440/147/149/380 PPC was registered on 11
July 2003 with the police station at Jalalpur Sharif, stating that at around 7.45 p.m.
a delegation (jirga) of about 22 people went to Mr. Hayat’s home. Present were
Deewan Hashmat, his brother, Azmat Hayat, and one Raja Zulqurnain. A number
of unknown persons remained outside Mr. Hayat‘s residence of. The jirga
informed Mr. Hayat that he had built his residence on the village common
community plot (Shamlat-e-Deh). The jirga requested that the property be
demolished and threatened to burn it if their demand was not met. When Mr.
Hashmat refused, the jirga used the public address system to call upon the village
residents to gather outside Mr. Hashmat’s residence in order to pull down the
walls and to burn the property.
181. At about 10.30 p.m., a mob of people led by Asghar Jandran attacked the
building and demolished the boundary walls. The mob took the valuables from the
residence and doused everything with kerosene after piling the goods on the lawn.
The fire totally destroyed the ceiling, windows and doors of the building. Furniture
was also destroyed. The mob also smashed the windows of Mr. Hayat’s car and
removed his briefcase, which contained British and United States currency, as well
as his passport and airline tickets. Mr. Hayat’s companions fled the scene to save
their lives. The case was registered by Muhammad Afzal, Sub-Inspector of Police,
and Sub-Inspector Fazal Dad was investigating the case.
182. The Government further indicated that the police also registered case No.
75/03 on 12 July 2003 against Deewan Hashmat Hayat. Raja Zulqarnain,
Muhammad Safdar and Jabir Zaheer, on the application of Hafiz Muneer Ahmed,
son of Mohammad Khan, resident of Pindi Saidpur, under section 297/298/295Al295-CI357/149/148/PPC . All the accused in this case disappeared, apart from
Mohammad Safdar and Jabir Zaheer who were both arrested and detained in the
judicial district jail, Jhelum. Deewan Hashmat Hayat and Raja Zulqarnain were
prosecuted under section 87 ZF. Mr. Zulqarnain was granted interim bail, but was
arrested after the cancellation of his bail on 3 April 2004.