The 1-10 application that LHC's writ branch has frivolously stopped from getting fixed tomorrow with the main case.
BEFORE
THE LAHORE HIGH COURT, LAHORE
CM___/2012
In
WP28446/2012
In
re:
Tahreek-e-Hurmat-e-Rasool
versus CDGL etc
Diep Saeeda, wife of
___________, resident of
__________________________________
……………………APPLICANT
APPLICATION UNDER ORDER
1 RULE 10 READ WITH SECTION 151 CPC ON BEHALF OF MS. DIEP SAEEDA TO BE
IMPLEADED AS A PARTY IN THE PROCEEDINGS
Respectfully
Sheweth:-
- That
titled writ petition is pending adjudication before this Honourable Court.
- That
the Applicant is a renowned peace and social activist who is filing the
present application as a concerned resident of Lahore and a citizen of
Pakistan and is both a necessary and a proper party because the issue
affects all residents of Lahore and also citizens of Pakistan, as matters
germane to the ideology and patriotism are involved, and because the
Applicant wants to place on record certain important facts regarding the
issue under litigation.
- That
the issue pertains to the renaming of Shadman Chowk as Bhagat Singh Chowk
after Bhagat Singh, a renowned freedom fighter, who was hanged after a
trial by the British authorities on 23 March, 1931. That a frivolous
impression has been created by the Petitioner organization in the present
case that the decision to rename the Shadman Chowk after the name of a
great freedom fighter is somehow a conspiracy against Pakistan, whereas
contrary to this claim, it is the position of the present Applicant that
the renaming of Shadman Chowk after Bhagat Singh, a son of the soil, is a
supreme act of patriotism.
- That
the Applicant submits that Pakistan is a Muslim majority country where all
of us respect and cherish the Holy Prophet (PBUH). It is submitted that
the petitioner organization, the objective of which is to safeguard the
honour of our Holy Prophet (PBUH), has no locus standi in the present
matter as Bhagat Singh, the freedom fighter, was known to hold no
animosity towards Islam or our Holy Prophet (PBUH) and for the implication
to contrary, the Petitioner may be put to strict proof by this Honourable
Court. It is submitted that Bhagat Singh was a non-communal freedom
fighter who stood for the independence of the subcontinent from British
imperialism for all people of the subcontinent including Muslims. Some of the finest Islamic scholars of
the time including Maulana Hasrat Mohani, Obaidullah Sindhi and Zafar Ali
Khan supported Bhagat Singh’s valiant struggle against the British rule.
Many of Bhagat Singh’s closest associates were Muslims including Syed
Haider Raza and even Bhagat Singh’s counsel was a Muslim, Asaf Ali, not to
mention that Quaid-e-Azam Muhammad
Ali Jinnah also staunchly supported Bhagat Singh. Therefore on this ground
of locus standi of the Petitioner organization alone the petition deserves
to be dismissed.
- That
the Applicant wants to place on record that Quaid-e-Azam Muhammad Ali
Jinnah was one of the loudest voices in support of Bhagat Singh in all of
India, even appearing as a witness for the defence in the case against
Bhagat Singh pertaining to the cracker bombs in the Indian Legislative
Assembly. It is further submitted
that the Quaid-e-Azam on September 12 and September 14, 1929 delivered a
scathing speech against the British Government and in particular the
Punjab Government for its treatment of Bhagat Singh. It is submitted that
the Quaid-e-Azam fully sympathized with the reasons and motivations behind
Bhagat Singh’s actions and called him a patriot and man with a soul. This
speech is part of the record of the collected works of Quaid-e-Azam
Muhammad Ali Jinnah. It is submitted that after the Quaid’s brilliant
oratory in support of Bhagat Singh, the question of renaming the chowk
after Bhagat Singh being against the ideology of Pakistan does not arise.
- That
it may be pointed out that Bhagat Singh, though born in a Sikh family, had
himself transcended community and was a revolutionary patriot. It is submitted that Bhagat Singh was a
staunch critic of communal politics of all kinds and was considered an
opponent of the Congress Party. It is further submitted that Bhagat Singh
contributions to the cause of freedom for all people of this region,
Muslim, Hindu, Sikh and others are made of sterling stuff and to
appropriate him to one community or one nation of this subcontinent is
unfortunate. It is submitted that Bhagat Singh was a son of the soil, a
revolutionary and a freedom fighter who was from this region and who was
hanged here, which is why Pakistan has a greater claim to Bhagat Singh
than India.
- That
the Applicant is also incensed at the Petitioner’s suggestion that the
Shadman Chowk be renamed after Chaudhry Rehmat Ali, who in his writings
roundly abused and attacked Quaid-e-Azam Muhammad Ali Jinnah, using
language such as “quisling” and “traitor”. While it is true that Chaudhry
Rehmat Ali came up with the name Pakistan but it is well known that Rehmat
Ali distanced himself from the country that was founded at midnight of 14th
and 15th of August,
1947, choosing instead to live out the rest of his life in Cambridge
England and writing abusive tomes against Quaid-e-Azam and the Muslim
League.
- That
CDGL’s decision to rename the chowk after Bhagat Singh is a case of
legitimate exercise of executive authority which cannot be impugned as it
is an executive decision and is certainly not anti-Pakistan or anti-Islam
by any stretch of imagination.
- That
it is in interest of justice to implead the Applicant as a party to the
present proceedings.
WHEREFORE
it is prayed that this Honourable Court impleads the Applicant as both a
necessary and proper party to the aforesaid writ petition.
APPLICANT
through
(YASSER LATIF HAMDANI)
ADVOCATE
HIGH COURT ADVOCATE HIGH COURT
PLH
44363 PLH 42545
