PAKISTAN: Over hundred houses of labourers were demolished on the instruction of a Minister; a journalist was shot and severely injured

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-088-2010
ISSUES: Poverty & adequate standard of living, Refugees, IDPs & Asylum seekers, Torture, Violence against women,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that more than 108 houses in Toba Tek district, Punjab province, have been illegally demolished by the provincial Department of Revenue with the help of the police. A journalist was injured by a gunshot from the henchmen of the land grabbers. 68 displaced persons were arrested and allegedly tortured by the police for resisting the demolition. The displaced persons have been left with no roof for many days. One child died of dehydration under the heat and a baby is suffering from a heat stroke and is severely ill.

The demolition squad of the ministry is demanding to file terrorist cases against the victims for resisting the demolition of houses.

CASE NARRATIVE:

On May 27, 2010, a demolition squad of the ministry of Revenue of the government of Punjab province came at 8 p.m. with heavy contingent of police and heavy machines including cranes, bulldozers, CAT pillars machines, at the Chak 241, G.B. Garha, tehsil Gojra, district Toba Tek Singh, Punjab province, to demolish the houses of daily wage earner labourers who were residing in G.B. Garha since 1980.

The demolition was so sudden that the inhabitant did not know how to react before the violence. The deputy district officer, Mr. Mohammad Amin Owaisi and tehsildar (revenue officer) of Gojra tehsil, Mr. Usman Umer ordered them through megaphones to vacate their houses within 15 minutes. The people, men and women, tried to talk with the authorities to know why their houses were being targeted, considering the fact that the Chak 241, G.B., Garha has been granted to them in 1980 and that they legally occupy the area. They have electricity connections from the government and water connections from the sub district municipal administration. The demolition squad, which consisted of the ministry staff and sub district municipality workers, ignored the request of the inhabitants and moved their machines. The deputy district officer of the ministry asked the police to use force against the inhabitants. Immediately, the police, using tear gas and batons, charged against the people.

An elderly widow, Fatima, got severely injured by a bulldozer while resisting the demolition of her house.  She was saved by neighbours when the bulldozer was reportedly about to crush her. The people protested against this murderous attack, but the police of Saddar police station, Gojra, charged with batons and arrested 68 persons on the charges of interfering in the work of the government, looting and pelting stones on the demolition squad.

On the next day, Mr. Arshad Mahmood Nasir, a journalist and president of Gojra press club, went to the police station to bail out the arrested persons. He was shot at by the henchmen of the land grabbers, who are friends of the Minister of Revenue of Punjab province. Both his legs were badly injured and he was brought to the hospital to be treated. One attacker, Mohammad Sarwar was arrested but the other attackers, Mohammad Ismail, Mohammad Afzal, Zahid Abbas, Anwar-ul-haq, Mohammad Arshad, have still not yet been arrested, even though a First Information Report (FIR) was filed against them.

The people are forced to live out in the open, under the sizzling heat. One boy died of dehydration because of the unbearable heat and a baby girl is seriously ill. The police and demolition squad also allegedly looted the inhabitants’ houses. It is believed that Mr. Haji Mohammad Ishaque, the provincial Minister of Revenue, wanted to vacate the houses built on Chak 241, G.B. for commercial purposes. On his instructions, the station house officer (SHO) Mohammad Ilyas Sahi has filed cases against the 68 persons under false charges of anti-state activities.

Please find the photographs of the demolition; the people forced to live out in the open and the injured journalist. Photo 1, 2 and 3

The laws which were violated:

According to the Pakistani laws, no displacement or demolition can take place without the authorisation of the lawful authority of a first class magistrate. According to the Land Acquisition Act 1894 the authorities have to follow some indispensable steps before proceeding to the seizure of any land for a public purpose. They must explain for which purpose the land will be seized; they must conduct a survey about the land; if people live on that land, they must be able to issue inquiries to the authorities. A legal notice must be issued, the displacement can occur only after a sufficient time and satisfying reparation and relocation must be provided to the displaced people.

Article 24 (1) of the Pakistan constitution states that no person should be deprived of his property. Sub section 2 of the article 24 states that no property shall be compulsorily acquired or taken possession for a public purpose.

The authorities’ actions in Chak 241, G. B. Gojra are also in violation of sections 166, 441, 444 and 446 of Pakistan Penal Code (PPC).

ADDITIONAL INFORMATION:

Chak 241 G.B. Gojra sub district was a grazing land and was allocated to poor people who were living in tent houses in the area by the government of Punjab in 1980. After some time, the Faisalabad electric supply corporation installed electric meters to provide them with electricity.  . They were also provided with running water by the tehsil (sub-district) municipal corporation of Gojra. There are more than 200 concrete houses and around 600 people are residing in the area. Since some time, the land grabbers were pushing the inhabitants to vacate the Chak and were threatening them. It is said that the Minister of Revenue was approached by the land grabbers to get the area vacated. The local authorities have never explained for which purpose the land was required. The area has also never been surveyed.

SUGGESTED ACTION:

Please write to the authorities to show your concern about the illegal and unconstitutional displacement of 600 poor persons by the Department of Revenue in order to grab their land. Please urge them to provide satisfying compensation to the inhabitants for the looting and violence they have suffered and to immediately give them their land back. The injured journalist must be provided with adequate medical treatment. Please demand that the persons responsible for the illegal demolition of the Chak be prosecuted, as well as those who shot the journalist. On the contrary, all cases that have been charged against the inhabitants must be cancelled.

The AHRC writes a separate letter to UN Special Rapporteur on adequate housing as a component of the right to an adequate standard of living and on the right to non-discrimination in this context, calling for his intervention into this case.

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

SAMPLE LETTER

Dear __________,

PAKISTAN: Over hundred houses of labourers were demolished on the instruction of a Minister, a journalist was shot and severely injured

Name of victim:
Mr. Arshad Mahmood Nasir,
President of Gojra press club, Gojra sub district,
Toba Tek Singh district, Punjab province

500 persons victimized by the demolition,
Resident of Chak 241 G, B, Gojra sub district,
Toba Tek Singh district, Punjab province

Names of alleged perpetrators:
Mr. Mohammad Amin Owaisi
Deputy district Officer, Revenue,
Toba Tek Singh, Punjab province

Mr. Usman Umer 
tehsildar (revenue officer) of Gojra tehsil
Toba Tek Singh, Punjab province

Mr. Mhammad Ilyas Sahi, 
Station house officer (SHO),
Saddar police station, Gojra,
Toba Tek Singh, Punjab province

Inspector Tahir Mahmood,
Mongi Bangla Ploice Chowki,
Gojra, Toba Tek Singh, Punjab province

Mr. Mhammad Sarwar son of Mohammad Ismail – the attacker
Mr. Mohammad Afzal son of Mohammad Ismail – the attacker
Mr. Mohammad Ismail son of Rahim Bux Arain – the attacker
Mr. Zahid Abbas son of Ghulam Abbas – the attacker
Mr. Anwar-ulhaq son of Fazak Mohammad – the attacker
Mr. Mhammad Arshad son of Ghulam Rasool  – the attacker
All residents of Garha, Gojra, Toba TEK Singh district,
Province of Punjab

Date of incident: May 27, 2010

Place of incident: Chak 241, G.B. Garha, sub district Gojra, District Toba Tek Singh, Punjab province

I am writing to voice my deep concern regarding the illegal demolition of 108 houses in District Toba Tek Singh, Punjab province on May 27, 2010 under the instructions of the provincial Minister of Revenue.  The looting and violence from the ministry staff and the police, the shooting of a journalist and the unacceptable situation in which the displaced persons have been left are appalling.

According to my information, a demolition squad of the ministry arrived at the Chak 241 at 8.00 pm with police forces and heavy destruction machines. They did not give any previous legal notice to the inhabitants, who did not know how to react to the order to vacate their houses. They are poor daily workers who legally live there since 1980. The destruction squad did not take into account their questions and protests. The deputy district officer of the ministry asked the police to use force against the inhabitants. Immediately, the police, using tear gas and batons, charged against the people.

I am shocked to learn that an elderly widow, Fatima, got severely injured by a bulldozer while resisting the demolition of her house. She was saved by neighbours when the bulldozer was reportedly about to crush her. The people protested against this murderous attack, but the police of Saddar police station, Gojra, charged with batons and arrested 68 persons on the charges of interfering in the work of the government, looting and pelting stones on the demolition squad.

On the next day, Mr. Arshad Mahmood Nasir, a journalist and president of Gojra press club, went to the police station to bail out the 68 arrestees. He was shot at by the henchmen of the land grabbers, who are friends of the Minister of Revenue of Punjab province. Both his legs were badly injured and he was brought to the hospital to be treated. One attacker, Mohammad Sarwar was arrested but the other attackers, Mohammad Ismail, Mohammad Afzal, Zahid Abbas, Anwar-ul-haq, Mohammad Arshad, have still not yet been arrested, even though a First Information Report (FIR) was filed against them.

The people are force to live out in the open, under the sizzling heat. One boy died of dehydration because of the unbearable heat and a baby girl is seriously ill. The police and demolition squad also allegedly looted the inhabitants’ houses. It is believed that Mr. Haji Mohammad Ishaque, the provincial Minister of Revenue, wanted to seize the houses of Chak 241, G.B. for commercial purposes. On his instructions, the station house officer (SHO) Mohammad Ilyas Sahi has filed cases against the 68 persons under false charges of anti-state activities.

This illegal destruction of property and appalling use of violence from the police and the ministry’s staff are in violation of the Pakistani laws. According to the Land Acquisition Act 1894, the authorities have to follow some indispensable steps before proceeding to the seizure of any land for a public purpose. They must explain for which purpose the land will be seized; they must conduct a survey about the land; if people live on that land, they must be able to issue inquiries to the authorities. A legal notice must be issued, the displacement can occur only after a sufficient time and satisfying reparation and relocation must be provided to the displaced people.

I would like to further underline that article 24 (1) of the Pakistan constitution states that no person should be deprived of his property. Sub section 2 of the article 24 states that no property shall be compulsorily acquired or taken possession for a public purpose. Sections 166, 441, 444 and 446 of Pakistan Penal Code (PPC) have also been violated.

Please intervene swiftly to redress this unacceptable situation. The inhabitants of Chak 241 must be provided with satisfying compensation for the looting and violence they have suffered. The land that they occupied for 30 years and that has been illegally taken from them must be restored. The injured journalist must be provided with adequate medical treatment. Furthermore, the persons responsible for the illegal demolition of the Chak be prosecuted, as well as those who shot the journalist. On the contrary, all cases that have been charged against the inhabitants must be cancelled.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Asif Ali Zardari 
President of Pakistan 
President’s Secretariat 
Islamabad, PAKISTAN, 
Email: publicmail@president.gov.pk
Phone 92-51-9204801-9214171 
Fax 92-51-9207458

2. Mr.Syed Mumtaz Alam Gillani 
Federal Minister for Human Rights 
Ministry of Human Rights 
Old US Aid building 
Ata Turk Avenue 
G-5, Islamabad 
PAKISTAN 
Fax: +9251-9204108 
Email: sarfraz_yousuf@yahoo.com

3. Mr. Salman Taseer 
Governor of Punjab 
Governor House 
Mall Road 
Lahore 
PAKISTAN 
Fax: +92 42 99203044 
Email: governor.sectt@punjab.gov.pk

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

5. Minister of Law 
Government of Punjab 
Punjab Secretariat 
Ravi Road 
Lahore 
PAKISTAN 
Fax: +92-42-99212004 
E-mail: law@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. Tariq Saleem 
Inspector-General of Police, Punjab 
Police Head Office, Lahore, Punjab province 
PAKISTAN 
Fax: +92-42-99210064

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrc.asia