PAKISTAN: A man who donated land for a hospital is attacked after the land is grabbed by ruling party members

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-075-2009
ISSUES: Administration of justice, Land rights, Police negligence, Police violence, Threats and intimidation,

Dear friends, 

The Asian Human Rights Commission (AHRC) is writing to inform you that members of a ruling party have grabbed land that was donated for a hospital project in Punjab province. When the donor made an official complaint, hired thugs attacked his property and a witness to the event, and threatened the donor and his family. The police have not investigated the party members for any of their illegal actions in this case and the donor remains under threat of harm. 

CASE DETAILS(According to Haji Mohammad Sadiq and supporting documents) 

In 1996 Mr. Haji Mohammad Sadiq donated a plot of land to the Basic Health Unit (BHU) for the construction of a hospital. The plot measured around 4,000 square yards (36,000sq ft) and Haji Sadiq had proposed a hospital of 15 beds, which would be built with the help of a Kuwaiti investor. The hospital project, however, did not materialise. 

Haji Sadiq had bought the land (Khusra number 6519/4-15 and 6502/1-6) in Moza Padhri, District Jehlum in Punjab province in 1982 while he was working in Kuwait. Being disappointed with the lengthy process and by the way the local officials were dealing with his proposal, he decided to donate it to BHU District Jehlum instead. The BHU officials at the time promised to construct the hospital – the area had no hospital then – but the military coup in 1999 delayed the proposed project. 

When Haji Sadiq retired and decided to settle down in Pakistan he built some shops close to the land he had donated, only to realise that a portion of it had been sold by health department officers to Mr. Qamar Zaman, a local leader of the ruling Pakistan Muslim League (PML-N). The latter only bought 300 square yards (2,700 square feet) but has since, with companion Mr. Mohammad Asghar, gradually occupied most of the plot, particularly that facing the main road. 

When Mr. Haji Sadiq approached the local administration his complaint was ignored. 

It appears that Qamar and Mohammad have also used the local civil court to harass Haji Sadiq, since when he tried to renovate his shops they both filed a petition in court for a stay order that would grant them the property. Haji Sadiq contested it and on April 2, 2009 the court decided in the victim’s favour, since the officials could not produce any evidence of ownership. 

After this ruling the man and his sons quickly built a wall to mark a boundary surrounding their property. However on the same night hired thugs – most already known for crimes among police – destroyed it. The police were informed, with two of the attackers arrested and the rest allowed to leave. A property violation was also registered at the Domely Police Station, Jehlum District, to which a number of witnesses have provided evidence in support of Haji Sadiq. 

On May 17, 2009, two of those persons accused of destroying the walls attacked one of these witnesses, a Mr. Riffaqat Hussain. According to the FIR (First information Report), he was shot, and was until recently in hospital. Haji Sadiq and his family members have since reported threats from Qamar and Mohammad, but despite complaints to the local administration, no adequate action has been taken or security provided. 

SUGGESTED ACTION: 

Please write to the relevant authorities urging them to provide protection for Mr. Haji Mohammad Sadiq, his family members and those who are testifying against the local ruling party members engaged in this land grab. Please also urge the local authorities to ensure that the proposed hospital project be carried out as arranged.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________, 

PAKISTAN: A man who donated land for a hospital is attacked after the land is grabbed by ruling party members 

Names of the victims: 
1. Mr. Haji Mohammad Sadiq, 80 years old. A resident of Riffat Manzal, Noor Mohammad Dina, Jehlum, Punjab province. He donated the land bearing Khusra numbers 6519/4-15, and 6520/1-6, at Moza Padhree, District Jehlum, Punjab province 
4. Mr. Rifaqat Hussain, son of Mr. Mohammad Nazir of Sakand, Moza Padhree, District Jehlum 
Names of the perpetrators: 
1. Mr. Qamar Zaman of Padhree post office, Tehsil Sohawa, Jehlum, Punjab province and local leader of the Pakistan Muslim League (PML-N) 
2. Mr. Mohammad Asghar of Tehsil Sohawa district Jehlum, Punjab province 
Authorities who neglected the construction of a hospital: 
1. Health Secretary, Government of Punjab province, Lahore 
2. District officer Health, Sub District Sohawa, District Jehlum, Punjab province 

I am writing to raise my concern over the attack on and continuing threats to Haji Mohammad Sadiq and his family for complaining against the grabbing of land by ruling party members in Punjab province. It was Haji Sadiq who donated the 36 000 sq ft property to the Basic Health Unit (BHU) on the understanding that they use it to build a hospital; they have since sold part of the land to two local party members, who have proceeded to grab the majority of the plot. The part members are Mr. Qamar Zaman and Mr. Mohammad Asghar of the Pakistan Muslim League (PML-N). 

When Mr. Haji Sadiq approached the local administration his complaint was ignored. 

It appears that Qamar and Mohammad have also used the local civil court to harass Haji Sadiq, since when he tried to renovate his shops they both filed a petition in court for a stay order that would grant them the property. Haji Sadiq contested it and on April 2, 2009 the court decided in the victim’s favour, since the officials could not produce any evidence of ownership. 

After this ruling the man and his sons built a wall to mark a boundary surrounding their property, but on the same night hired thugs – most already known for crimes among police – destroyed it. The police were informed, with two of the attackers arrested. A property violation was also registered at the Domely Police Station, Jehlum District, to which a number of witnesses have provided evidence in support of Haji Sadiq. However on May 17, 2009, two of those persons accused of destroying the walls opened fire on one of these witnesses, a Mr. Riffaqat Hussain. According to the FIR (First information Report), he was shot, and was until recently in hospital. Haji Sadiq and his family members have since reported threats from Qamar and Mohammad, but despite complaints to the local administration, no adequate action has been taken or security provided. 

It is unfortunate enough to hear that Moza Padhree was denied the opportunity to have a hospital by local party members and health officials, but I’m further shocked that the donor himself is receiving so little official assistance, despite the attacks and threats against him. The case exposes official negligence on a number of levels, a serious lack of interest in the welfare of local civilians, and a likely relationship between land-grabbing party members and the authorities for material gain. 

I urge that swift action be taken against the officials proven negligent, and that legal action be initiated against Qamar Zaman and Mohammad Asghar. Investigations should be started into the association of these party members with local thugs, the negligent police officers and health officials, the latter of which should be investigated for their sale and use of the donated land. 

Yours sincerely, 

———– 
PLEASE SEND YOUR LETTERS TO: 

1. Mr. Syed Yousaf Raza Gillani 
Prime minister 
Prime Minister House, Islamabad, 
PAKISTAN 
Fax: +92 51 922 1596 
Tel: +92 51 920 6111 

2. Mr. A Rehman Malik 
Minister for Interior 
R Block Pak Secretariat 
Islamabad 
PAKISTAN 
Tel: +92 51 9212026 
Fax: +92 51 9202624 
E-mail: ministry.interior@gmail.com or interior.complaintcell@gmail.com 

3. Mr. Mian Shahbaz Sharif 
Chief Minister of Punjab 
H-180 Model Town, Lahore 
PAKISTAN 
Fax: +92 42 5881383 

4. Minister of Law 
Government of Punjab 
Punjab Secretariat 
Ravi Road 
Lahore 
PAKISTAN 
E-mail: law@punjab.gov.pk 

5. Chief Secretary of Government of Punjab 
Punjab Secretariat 
Lahore 
PAKISTAN 
Fax: +92 42 7324489 
E-mail: chiefsecy@punjab.gov.pk 

6. Dr. Faqir Hussain 
Registrar 
Supreme Court of Pakistan 
Constitution Avenue 
Islamabad 
PAKISTAN 
Fax: + 92 51 9213452 
E-mail: mail@supremecourt.gov.pk 

7. Mr. Salman Taseer 
Governor of Punjab 
Governor House 
Mall Road, Lahore 
PAKISTAN 
Fax: +92 42 9200023 
E-mail: governor.sectt@punjab.gov.pk 

8. Secretary of Law and Parliamentary affairs 
Government of Punjab 
Punjab Secretariat 
Ravi Road 
Lahore 
PAKISTAN 
E-mail: law@punjab.gov.pk 

9. Home secretary 
Punjab Secretariat 
Lahore 
PAKISTAN 
E-mail: home@punjab.gov.pk 

Thank you. 

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrchk.org

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-075-2009
Countries : Pakistan,
Issues : Administration of justice, Land rights, Police negligence, Police violence, Threats and intimidation,