ISLAMABAD-Supreme Court on Tuesday directed Capital Development Authority to explain as to how it allotted government land measuring 20 kanals for rebuilding Jamia Hafsa, a women’s religious seminary of Lal Masjid.

On the complaint of two elderly persons, who appeared during the proceedings of Lal Masjid Case, the top court also directed Inspector General of Police (IGP) Islamabad to submit a detailed report on the missing children.

A 3-judge bench headed by Justice Gulzar Ahmed and comprising Justice Qazi Faez Isa and Justice Ijazul Ahsan took up the sets of petitions regarding Lal Masjid for hearing.

These petitions include alleged extra-judicial killings of innocent persons in the premises of Lal Masjid and Jamia Hafsa, Lal Masjid Commission’s report, miscellaneous applications by individuals for missing persons, Lal Masjid Operation by Military Force and contempt of court applications on non-compliance of top court’s 2007 orders. 

During the proceedings, Justice Ahmed expressed displeasure on non-preparation of CDA’s counsel in the case and summoned Chairman CDA.

Deputy Attorney General Sohail Mehmood informed the bench that Lal Masjid stood on government land.

The top court in its 2007 order had ruled, “In view of the position explained hereinabove, we in the light of proposal of CDA are of the view that in addition to the building of ‘madrassa’ and research centre, the CDA may also consider construction of hostel with the ‘madrassa’ as without hostel, no students out of Islamabad and Rawalpindi would be benefited. The total land referred therein which was in the use of Jamia Hafza subject to all just exceptions, may be treated as part of the institution and research centre for religious education and efforts should be made to complete construction of building of ‘madrassa’ and research centre within a year.”

CDA Chairman Amir Ali Ahmed after his appearance informed the bench that CDA allotted 9,533 yards of land, of which 206 yards were allotted to Jamia Hafsa in 1970.

He further informed the bench that Maulana Abdullah was appointed as mosque’s ‘muezzin’ and his son Maulana Abdul Aziz succeeded him.

The bench was also informed that Aziz was removed in 2004 but he still holds the control of mosque.

Justice Ahmed inquired as to whether mosque was Aziz’s personal property. Justice Ahsan raised the question on ability of federal government that it could not even free the mosque in the federal capital.

The Chairman CDA further informed the bench that the building of Jamia Hafsa was completely destroyed consequent to the military’s Operation Silence.

A land of 20 kanal was allotted to Jamia Hafsa in 2011 in the light of top court’s orders, he further said.

Justice Ahmed remarked that the government land has been allotted to a private centre adding that this court had directed for construction of building and not allotting the land.

Advocate Tariq Asad, appearing on behalf of Aziz and his wife Umme Hassa, defended the allotment and extension of land.

However, Justice Ahmed observed that illegal extension to a mosque is prohibited in Islam too.

During the proceedings, two elderly parents appeared before the bench and complained that their children have been missing since 2007.

They said that they do not need building and land but their children. “Even the Indian spy is allowed to meet his family but we are not allowed to meet our children,” they said.

Taking notice of the missing children, the bench directed IGP Islamabad to submit detailed report on missing children.  The case has been adjourned for four weeks.