ISLAMABAD: The Supreme Court will not issue any order to dismantle existing cement factories in view of the requirement for cement in the ongoing China-Pakistan Economic Corridor project, Chief Justice Saqib Nisar observed on Friday.

Heading a three-judge bench hearing a suo motu case about the historic pond at the Katas Raj temples near Chakwal, the chief justice also responded to bitter criticism of parliament during the Jan 17 Lahore sit-in, and reiterated that the legislature was the supreme institution of the country.

“Someone may have said something about parliament the other day, but we repeat once again that parliament is the supreme body,” Chief Justice Nisar observed.

The Supreme Court’s attention was drawn towards the holy pond, part of the Katas Raj temple complex, which is drying out due to water consumption by nearby cement factories that draw water using a number of drill bores and have severely reduced the subsoil water level and the usage of subsoil water by domestic users.

CJ deplores anti-parliament statements, reiterates supremacy of legislature

Parliamentarian Ramesh Kumar Vankwani told the SC that the Hindu faith considers sacrilege or disrespect to the revered water to be the reason that the sacred pond is drying out.

According to Hindu mythology, Katas Raj is the second most sacred shrine in the Hindu religion, dating back to 600 AD.

The temple complex is built around the pond, which according to the mythology, finds its origin from Katak Shah, which is Sanskrit for raining eyes. Hindus believe that the pond was formed from the tears of Shiva, who wept uncontrollably over the loss of his wife Sati.

Additional Advocate General Punjab Asma Hamid told the court that the pond had been filled, photographic evidence of which had also been furnished before the court. But the court expressed doubts that maintaining the water level may not be a continuing process, and the pond may again dry out.

Ms Hamid also referred to a recent study that suggested providing water to the pond from a nearby river, and highlighted a proposed amendment to the industrial act to stop new cement factories from being set up as well as the expansion of existing factories situated around Katas Raj.

Recalling the sayings of Quaid-i-Azam Mohammad Ali Jinnah and the teachings of Islam, the chief justice wondered whether the natural spring in the area would again be charged in future and said the court would have to intervene to ensure the safety of Hindu deities and the inclusion of religious minorities in the Evacuee Trust Property Board (ETPB).

He also referred to a book by the late Maulana Maududi and said the respected leader had emphasised that the rights of minorities were no less than the Muslim majority, while Islam and the Constitution also ensured safeguarding their rights.

Pointing towards Mr Vankwani, the chief justice asked why, being a legislator of the ruling PML-N government, his party did not endeavour to bring amendments to make minority members part of the ETPB.

Referring to the Fazal Din building in Lahore, which the ETPB owned, the chief justice summoned the complete details of the board’s properties throughout the country and the volume of its income from these properties.

He pointed towards Mr Vankwani and asked whether he would like to become part of a campaign if the SC appointed him chairman of a committee to compile a list of the board’s properties.

The court will not issue any order to dismantle existing cement factories in view of the requirement for cement in the ongoing China Pakistan Economic Corridor project, the chief justice observed, but regretted the criticism on recent orders such as the ban on hormone injections used by milkmen to increase milk production.

“The Gujjar community has become against me and say they will launch a protest against the order which has adversely their business, but I am not concerned about this,” he observed.

Senior counsel Makhdoom Ali Khan, who appeared on behalf of Bestway Cement, had a word of advice for the SC, saying the court should exercise great caution because the matter also concerns investment, the rights of which also have to be protected by the court.

Published in Dawn, January 20th, 2018