(Public Interest) Farze Kaffaya Application ………. WP _______________/2014
BARRISTER SYYED MOHUMMED JAWAID IQBAL JAFREE OF SLARPORE, BRIGHTON, PACIFIC PALISADES and SUMMA-SATTTTTA (“JAFREE”),( (General Counsel: THE SHAZADI MUMTAZ JAHAN TRIUST ( A WAKF ) + GEOFFREY+KHITRAN, (PUBLIC INTEREST LAW FIRM))) , 11 RIGHTEOUS CALIPH OMER (RA) PLAZA, ONE MOZANG ROAD, VICINITY OF THE SACRED JAIN MANDIR . LAHORE-54000, PAKISTAN. ………………… Writ PETITIONER / INFORMANT/ AND APPLICANT.
Versus
(1) THE STATE, through THE CHIEF SECERETARY, GOVT. OF PUNJOB, LAHORE, PAKISTAN; (2) THE FEDERATION through THE CABINET SECRETARY, GOVT. OF PAKISTAN, ISLAMABAD-44000; (3) THE SECRETARY, MINISTRY OF RELIGION, GOVT. OF PUNJOB, CIVIL SECTT, LAHORE-54000; (4) THE DIRECTOR-GENERAL, PAKISTAN POST OFFICES, GOVT. OF PAKISTAN, ISLAMABAD-44000; (5) AAAAWWWWWAAA –AAAMMMMMMNNAAAAASSSS (Public- at- Large) Properly (as Proper Party): RESPONDENTS.
VERIFIED , SOLEMN AND VERILY -SUCCINCT POST-NEW NATIONAL JUDICIAL POLICY IMPLEMENTATION MERITORIOUS APPLICATION FOR ORDERS AND DIRECTIONS AND DECLARATORY JUDGMENT ++ HONEST-TO-GOODNESS HOLISTIC AND GENEROUSLY-THOUGHTFUL JUDICIAL RELIEF/ REVIEW PLUS JUSTICE-WITH-LOVE (ADDL BILL EHSAWN) CONCERNING FRUCTIFICATION OF FREEDOM OF RELIGION OF VULNERABLE / WORTHY MINORITIES ((( ( E.G., THAT JAIN AND HINDU MANDIRS/ TEMPLES AND THE SIKH GURDAWARAS IN THE ISLAMIC REPUBLIC OF PAKISTAN BE RESTORED, DECENTLY KEPT UP AND NOT ALLOWED TO BE ABUSED BY GOONS (AND SCURRILOUS EXCUSES NOT MINTED) + THAT ‘MARTYR BHAGHAT SINGH’ – – OUR NATIONAL HERO FROM LYALLPUR (a. k. a. FAISALABAD) BE AWARDED NISHANE PAKISTAN (RETROSPECTIVELY) ++ AND THE PAKISTAN POST OFFICE ISSUE COMMEMORATIVE POSTAGE STAMPS REVERENTIALLY HONOURING AND CELEBRATING HIS OUTSTANDING STATUS + AUSPICIOUS MEMORY ))) AND CONSCIENCE PURSUANT TO CONSTITUTIONAL ARTICLES 199, 194, 187-190, 2A to 10A, 19, 23, 25, 30-40, 227 (AND PENUMBRAS THEREOF) AND PER ORDER 27A (NOT answer-ing letters or not addressing grievances may please be boldly declared to be unconstitutional and against salient principles of good governance, such practices must be unequivocally, at long last, banned/forbidden ) , SECTION 151, 94 CPC, READ WITH ARTICLE 164 of PAKISTAN LAW OF EVIDENCE (QANUN-E SHAHADAT), AND SECTION 42 of the SPECIFIC RELIEF ACT ++ OTHER LAWS , (DOMESTIC AND INTERNATIONAL) OF PAKISTAN. EXEMPLARY INDEMNITY COSTS BE generously AND EXEMPLARILY AWARDED AS ROLE MODEL because conduct and hideous maladministration (in fact machinations and misconduct) have been disgraceful as well as disgusting. Smug Atty.Gen+ Advs.Gen. have not taken any remedial action because they are (not Ramday) Patronage and Pelf-Begets no’’merit illicit appointees.
Typed and conscientiously Filed by Barrister SyyedMohummed Jawaid Iqbal Jafree without charging any fees or expense, emailpihrights@gmail,.com+ phone 0345 426 6785 or after 3 pm Gulberg Public Interest Law Offices PIHR/G+ 0092 42 3578 5025). Filing costs fearlessly contributed by The SMJ Trust (a Wakf). {{Time spent on preparing this Writ 24 Hours.}}.
—————————
LHC WP———–2014, JAFREE versus STATE (JAIN) RELIGION FILED ON 19th MAY 2014, Part 2
Respectfully Represents Your Petitioner in Performing Farze Kaffaya and as personally Aggrieved and Affected Party T H A T:
1. PARTIES: Applicant Jafree (an affected party as vakeel and mussawere and scholar of cultural heritage) is a denizen of Pakistan, a Muslim (and direct descendant from Holy Prophet Mohummed, S A W, (“The Highest Jihad is Speaking Up before Powers That Be!!”) as well as Caliph Imam Ali K A W); he is distantly also related to The Righteous Caliph Omer RA who said ‘an acceptor of wrong is worse than the wrongdoer’. Furthermore, has been a lawyer/barrister/ vakil + mussawere of/f and in Pakistan and abroad for over 55 calendar years with the grace of God treating advocacy as a noble calling, and calling a spade a shovel. As an artist and aesthete (he visits architectural / interfaith / cultural heritage of nation/s; more so in his nuclear neighborhood). He is the one and the only Paris Biennial Laureate , left in the Asia-Pacific-Africa Triangle. Obtaining justice in Pakistan had become, pre-NNJP, practically quite uphill since circa 1985. (B) Respondents and other parties are well described (which took over SIX hours to type ought) and addresses for Service of Process are given on page 1. Supreme Court of Pakistan has lately repeatedly directed (and even its obiter dicta must be obeyed as a matter of Rule of Law and Access to Justyice) that minorities’ rights cannot be violated. And no one is above the law. Albert Einstein declared : IF I WERE TO REMAIN SILENT, I’D BE GUILTY OF COMPLICITY. (C) Let’s practice what we were preached and what we have been preaching (tolerance towards other faiths and religions). Vakil means facilitator of Justice-with-love (i.e.. Addl Bill Ehsawwn). Islam gave the world concepts of Due Process of Law (Bill Haaq) and Rajoo (Writs Error Coram Nobis and Vobis) and Equal Protection of Law for one and all without discrimination or Segregation, Make-Believe or Double Standards. (D) In stead, our Establishment (in all wings of Government of Pakistan) greedily got intofor the sake of race Plots, Peccadilloes, Pelf, Patronage, Progeny-Peddling, peacocking Promotions , Protocol pursuits, Pettiness Pandering, Plentiful Plots , and Perverting Procedure, Poly-Plotting, P’Ring, paralegal Piri-mureedii, Preposterous Propaganda, Pestering Pomposity, et al.
2. (A)CONTINUING CAUSES OF ACTION: Today, we are accurately being chided by the civilized societies of the global village as nothing but a Failed, Rogue and Dangerous, Terrorism-Oriented State. ‘Buy the People’; ‘Far The People’ and ‘Off the Peapull’, in practice. © In Gujranwala opening butchers’ shops in a Jain Temples takes the caKKKe. Architectural and cultural heritage of Pakistan is being dismantled, distorted and maligned. This is forbidden by religion and by our Constitution. Jafree sent thousands of complaints to various authorities since 1985. No reply. Arrogance and double standards permeate. Jafree learned (verbally) that few years ago Chief Minister of Punjob Mian Shabaaz SharrReef allocated some Rs 20 Lakhs for repairing The Jain Temple, but the public moneys were corruptly usurped and squandered by the staff. (B) Our Holy Prophet ( s a w) and Jafree’s most venerable ancestor Prophet Mohummed (P b u h) and the Holy Quran state that there is no compulsion in religion and Prophet Mohummed (P b u h) used to routinely allow followers of other religions/ faiths to perform their religious duties in the Mosque, because all temples/ churches/ pagodas/ temples/ mandirs and synagogues are all places of God All Mighty not anyone’s personal or personnel or professional property, Realty® or reality. The Jains are peace-loving and non-violent hardworking people. Also parsees, Hindus, Buddhists, Christians, Sikhs (please, do recall Holy-man MahaGuru Nanak Dev Jii enthusiastically performed two hajjs by foot, but he righteously became significantly disappointed/ irritated by our moolah-oriented mulLAWS). Furthermore, Jews or The Others ( discrete Minorities) who in/voluntarily left Pakistan due to political exploitation or intolerance (by our socalled Elite nouveau riche segment) have committed no wrong against Pakistan. Quaide Azam Mohummed Ali Jinnah must be turning in his grave. (C) Jain Mandir near Jafree Law Offices has been grossly violated, debilitated and politically-sponsored LAND mAFIA and Sir Nawazzz SharrrrReef (BA HonGCMG, previously also claiming to be MA+ LLB) aficionados have opened up garbage and other commercial and untenable shops there. Similar and other Jain Mandirs in other parts of Pakistan have been and are continuingly being desecrated and violated (See the Documentation in the accompanying Documentation). Similarly churches, pagodas, other places of non-Moslem worships have been commercially exploited and are being wrongfully and maliciously being constantly and continually desecrated which is intolerable as crying shame and constitutional wrongs (OUTRAGES). In other civilized countries such matters are vigorously litigated by law Officers, here the ‘’’ Ganges flows upside down’’’ and in reverse, and far worse.
GROUNDS : The pernicious misconduct, obstinacy and callous maladministration of Respondents 1 to 4 and their subordinates and colluding colleagues are illegal, unconstitutional, mala fide and disastrous, militate against good governance , common weal and public interest (see page 1). Attorney General and all Advocates Generals have failed to respond affirmatively or to provide any relief whatsoever to date in spite of countless requests. They don’t seem to be interested in common good or good governance, but pine for personnel promotions and personal loyalty to their nouveau riche, greed and territory/TURF control and constitutes blindly following the current ‘fiendish-ing’ Overlards. That goes beyond Just Expectations, Margin of Appreciation, Doctrine of Subsidiarity as well as all tenets of Good Governance and Proportionality. It makes no sense whatever and in fact is disgraceful and beyond redemption and suc h callousness is bringing bad name to Pakistan as well as Islam. This must now be nipped if Pakistan is to survive. Discrete and vulnerable minorities asre suffering immeasurable and incalculable harm is being catered and being done. All affirmative equities weigh in favour of providing actual substantive relief.
T H E R E F O R E
(i) Relief humbly requested above (also see Overleaf) be granted (on standing and other aspects, please See MALICK versus MALICK [1925] 52AC 145 (Privy Council upholding Nagpur High Court judgment; Objective Resolution is the grundnorm: PLD 1990 K 342)) generously, inter alia, by virtue of a DeclARATION PRELIMINARY AND PERPETUAL. The Honourable Court declare the rights, responsibilities and duties of the Parties (this is the current mode of providing holistic relief – – without beating about the bushes or Bushes and Barrick Hussein Osamas (Obama so written in Kenya) in all Common Law an d other civilized jurisdictions). (ii) Respondents be commanded to protect the Jain Mandirs and other places of worship of discrete and vulnerable minorities (belonging to Islamic or any other faith). (iii) The Jain Mandir, near Geoffrey and Khitran Law Offices close to Old Anarkali and Lytton (Janazgah) Roads in Lahore be suitably repaired and restored; (iv) and the Jain Mandirs in Gujranwala be ordered vacated most expeditiously and appropriately restored. More so the CRUEL AND UNUSUAL “PUNISHMENT” (FOR PURPOSES COMMERCIAL AND dispensing POLITICAL ARROGANCE, Might is Righteousness) Butcher Shops opened in Gujranwala Jain and/or Hindu Mandirs/Temples be closed and destroyed and Jains be allowed to visit these mandirs and perform their rituals, ceremonies and carry out traditional cleansing operations. (v) A Jain pandit or Temple-keeping person be allowed to reside in each province of Pakistan to look after their mandirs and temples. No shops, other operatrions should remain IN THESE and other places of worship. (vi) And respondents’ worsening inefficiency and habit, under colour of law and otherwise, of not answering letters (violates inter alia Sections 23,24,27 of the General Clauses Act, and p. 578, Volume VI, Muariffe Quran published by the University of the Punjob)) be declared to be unconstitutional and against public interest and common good. (vii) Court Proceedings be ordered officially tape-recorded. (viii) Further, other and additional Relief be granted. (ix) All places of minority worship and other sacred places of offering prayers should be restored gradually and looked after. (x) The Honourable Court unequivocally declare the religious rights of Minorities of all religions and declare Sectarianism, blasphemous or prejudicial practices as illegal and reprehensible , to wit: subject to severest sanctions and actual punishment for Contempt, obstruction of justice, sabotaging of the Constitution and other penal proceedings and sternest penalties and exactions. (xi) to me your faith, to me my faith (God in Holy Quran, 109:6)+Let there be no compulsion in religion, Quran 2:256 + Surely the noblest amongst you is the most knowledgable, Holy Quran 49:13. + So vie with one another in good works (Quran, 5:48) + God does not like harsh accusations except by the wronged, Quran 4:148-149. (xii) (a) Always go too far .. for that is where you will find the truth: Albert Camus.(b) Truth shall make you free (Saint John)
Jafree, most humbly, offers to prove up all of the above per Pakistan Law of Evidence Order (Qanune Shahadat) which includes innovative telltale Article 164 as part of the law of the land.
- Before concluding Applicant humbly but responsibly reminds the Honourable Court that our Holy Prophet, peace be upon him, calibrated : The ink of a scholar is worthier than the blood of many-splendoured martyrs.
- Great and Righteous Caliph (then concurrently the Chief Justice of the biggest Empire of that time on the face of the Good Earth) HaZrat Umer RA warned : EVEN IF A DOG ROAMS HUNGRY ALONG THE banks of RIVER EUPHRATES, I WILL BE HELD STRICTLY accountable and fully RESPONSIBLE. HE STRONGLY and sternly CONDEMNED HYPOCRISY AS THE LEAST FORGIVABLE OF SINS. THAT SQUARELY APPLIES, MUTATIS MUTANDIS, TO THE BANKS OF our own DOMESTIC RAVI… NOW – – what a shame – – THAT HALF OF THE COUNTRY’S INNOCENT DENIZENS ARE GOING WITHOUT PROPER MEALS A DAy .
- MashawLAW : Our Judges of the superior judiciary are the highest paid in tax free overall terms ( their remunerations inluding multifaceted perks and privileges of all kinds worth taxfree many Millions a month besides salary + retirement benefits and new plump positions and prestige after Retirement) in the history of mankind. Besides and beyond that it is their inherent and innate duty AND RESPONSIBILITY to actually and fearlessly provide nothing less than COMPLEAT AND HOLISTIC justice across the board to one and all .Moreover, HONESTLY all residents, denizens and citizens of Pakistan must respect REAL merit and GENUINE tacqva.
- There exists no reprieve, forgivance, immunity or impunity for In Justice = injustice. No one is above the law except God. We, all of us in the Legal Calling , ought ethically and conscientiously serve as example makers, as upfront role models and guide the world by setting examples. We cannot walk with our heads high by operating as functional ostriches. The religion of our massive majority demands sacrifices and speaking up, giraffe like performance without fear or favour .. to do Right with all kind of people. This was not being done pre-NNJP.
Oral arguments will, inshawLAW, be made which the court which is requested and most welcome to officially Tape record the proceedings. Incidentally work stoppages/ closures and Hartalls are illegal and anti-Islamic as obstruction of access to justice and sabotaging of the Constitution. A wrong is a wrong is a wrong by any other name or nomenclature. It must not be acquiesced in or encouraged as a public relations device of running with the turtle and haunting with the greyhounds. It is dreadful and disastrous. We have to turn the page and make a paradigm shift from newfound and past practices.
Respectfully Submitted:
AGGRIEVED PETITIONER/ APPLICANT SIMULTANEOUSLY GENUINELY-PERFORMING FARZE KAFFAYA AS AN OFFICER OF THE COURT AND AS NONSTATE ACTOR (PER ARTS. 2A-7, 9, 10 OF THE CONSTITUTION) THROUGH
PRO BONO PUBLICO COUNSEL :: BARRISTER SYYED MOHUMMED JAWAID IQBAL JAFREE OF SLARPORE AND SUMMA-SATTTTTTA’ ASC PC 1382 “A WORLD CLASS PUBLIC INTEREST Lawyer” per Honorable Lahore High Court…
CERTIFICATE OF COUNSEL :
All administrative or other remedies have been explored and exhausted over last 5 years. No other relief is available or proficient and efficacious. The CVourts must take the bull by the horn. This is first writ on the subject per instructions. Counsel’s discounted fee as Indemnity Costs is U S $786.92 only per hour. Income tax is voluntarily and promptly paid by this Ethical counsel within 48 hours of receipt of any fees or Indemnity Costs. Fees are not banked abroad. SO HELP ME GODAS PAKISTAN IS DROWNING IN indigenously-manufactured ‘IN’ INJUSTICE (“In” is fashionable, currently trendy). The world ridicules and mocks us with lamentable derision and distrust. Extremis malis .. extrema remedia!! I thank God that am not one of those (totally power crazy- in actuality pygmies) who share or can claim any sanctimony or ‘credit’ or plots for any part in that dismal outcome. I have faithfully practiced law as a noble calling against oddest hurdles by not making speeches or begging patronage and plots and favours for pogeny/ partners but by means and virtue of (to borrow an apropos Urdu expression) “cutting the stomach of my own nuclear family”. Abuse of merit in our God-fearing Country has reached mega-proportions which invite the wrath and qehr of God All Mighty; and nation’s traitors are roaming scott free, are being seen on the scene by proliferating companions (since the Bhutto days and nights) modern day jajuz ‘n majooz maligning/ victimizing the innocent country, decent/ virtuous countrymen and worsening our conscience under stress for the sake of their naked lust for power, shameless turf control, perverse territory-snatching (previously plots in every town with false affidavits and 11 ft tall clout touting and worsening perversion of power) and furthering murderous, hate-filled bad Faith.
