October 19, 2007	Friday	Shawwal 6, 1428

ISLAMABAD, Oct 18: The Supreme Court on Thursday directed the federal government to pay compensation to the legal heirs of innocent people killed in the Lal Masjid operation according to Islamic laws (Diyat).

The bench comprising Justice Mohammad Nawaz Abbasi and Justice M. Javed Buttar, in the suo motu case, directed the government to complete the process for payment of compensation under the control and supervision of sessions judge Islamabad within two months.

The court also directed the police to record the statements of the legal heirs of the deceased persons to determine their entitlement for the payment of compensation in the form of Diyat.

When contacted for comments, Wafaqul Madaris deputy secretary- general Qazi Abdul Rashid said under Diyat compensation equivalent to the cost of 100 camels is given for a deceased person.

He, however, said the killing of people in Lal Masjid operation was not a perfect case of Diyat but was Qasas.

“Diyat is a compensation of money which is given by the accused party for killing somebody unintentionally, while under Qasas a person who kills an innocent person intentionally has to be killed too,” he said.

He said only payment of money to the legal heirs of the innocent persons killed in the operation would not serve the purpose unless those responsible for the killings were taken to task.

As many as 105 people - 94 civilians and 11 security personnel - were killed in the bloody military operation.

Meanwhile, the Capital Development Authority (CDA) submitted a report to the court containing proposals for reconstruction of Jamia Hafsa. It proposed the rebuilding of the girls’ madressah on a plot measuring 250.56 square-yard already allotted to the seminary. It said the seminary would have no boarding facility.

The use of the remaining area, which was encroached by the seminary administration, has not yet been finalised. However, the land is likely to be used for construction of buildings meant for research/education and other similar purposes, a CDA official informed the court.

In its directives to the Capital Development Authority, the court observed that “in the light of the proposal the court was of the view that in addition to the seminary building and research centre, the CDA may also consider the construction of a hostel, as without it students coming from outside Islamabad and Rawalpindi will not be benefited.

The total land referred to therein which was in the use of Jamia Hafsa, subject to all just exceptions, may be treated as part of the institution and research centre for religious education. Efforts should be made to complete the construction of the madressah building and research centre within a year.”

The bench further directed the government to provide a suitable place to accommodate and adjust the female students of Jamia Hafsa, who have been dislocated and whose studies have been discontinued, to enable them to continue their education.

In case the government does not arrange such a place, these students may be adjusted in a separate wing of the Jamia Fareedia building and their classes may be started not later than October 30.

The court decided that Umme Hassan, former incharge Jamia Hafsa and wife of Maulana Abdul Aziz, will perform as principal of the seminary.

Necessary expenditure on the education of the students, such as provision of books, boarding and lodging and salaries of the teachers, should be born by the government.

LAL MASJID: The bench also directed the government that till the permanent settlement and appointment of Imam and Khateeb of the mosque, Maulana Abdul Ghaffar, as proposed by the representatives of the government, will perform the duties of Imam-i-Masjid, while Maulana Aamer Siddique will be Naib Imam.

The appointment of Maulana Siddique shall be subject to his giving undertaking that he will not cause any disturbance or create trouble in the smooth running of the affairs of the mosque and in case of any objectionable behaviour his appointment shall be liable to be cancelled. The Khateeb shall not be appointed till the permanent settlement to run the affairs of the mosque is made in consultation with a six-member committee by the authorities concerned with participation of a representative of the old administration of mosque.

In case any disturbance is caused or trouble is created by the old administration of the mosque, directly or indirectly, the above arrangements will be discontinued and appointment of the Imam and Naib Imam will be cancelled.

The court ordered the chief commissioner Islamabad to regulate the affairs of the mosque as well as the temporary arrangements for education of the students of Jamia Hafsa on government expenses.