IN a verdict that has pacified the enraged sentiments of the religious circles in the country, the Supreme Court of Pakistan has accepted the federal government’s appeal for corrections in the Mubarak Sani review decision, expunging all ‘controversial paragraphs’ from its previous order. A three-member bench of the apex court, headed by Chief Justice Qazi Faez Isa, ruled that the expunged paragraphs cannot be used as a judicial precedent. The court removed paragraphs 7, 42, and 49-C from the review decision, following requests from religious scholars present in court.
The decision of the court and the remarks made by the CJP during a crucial hearing on Thursday made it once again clear that the Qazi-led judiciary firmly believes in course correction and is ready to amend its own judgements if flaws or deficiencies are legitimately pointed out. The controversy began when on February 6, the top court granted bail to an Ahmadi man, Mubarak Ahmad Sani, who had been accused of an offence in 2019 and subsequently convicted under the Punjab Holy Quran (Printing and Recording) (Amendment) Act, 2021. The bench noted that the offence with which the defendant was charged had not been criminalized until 2021. As a result, Sani was granted bail, and his immediate release was ordered. Following this decision, a campaign was launched against CJ Isa, despite the Supreme Court issuing a clarification regarding the order. It was quite evident that the court decided the case on technicalities but the sensitivity of the topic created unrest among religious community across the country. However, keeping in view the popular sentiment, the Punjab Government quickly filed a review petition against the February 6 order, arguing that paragraph 9 of the order, which pertained to Article 20 of the Constitution, needed modification to clarify that the rights of citizens, as envisaged in the Constitution, are not absolute but are subject to law, public order and morality. This plea was accepted by the SC but religio-political parties remained unsatisfied, who resorted to protests against the verdict. The Federal Government also sought a review of the order requesting deletion of certain paragraphs in line with the recommendations of the Council of Islamic Ideology (CII). The Council stated that the decision contains aspects that scholars and the Council believe do not align with Islamic teachings. It also pointed out that this is a matter of faith and love for the Prophet (PBUH), rather than legal technicalities, emphasizing the need for all segments of society to work together to resolve the issue and expressed hope that the honourable Supreme Court will promptly review its decision. Similar views were also expressed by prominent religious scholars while presenting their views before the court on Thursday. Mufti Taqi Usmani, participating via video link from Turkiye, recommended the removal of paragraphs 7 and 42, citing concerns over the interpretation of proselytisation. Maulana Fazlur Rehman supported the points raised by Mufti Taqi Usmani and called for revision of the entire order. Maulana Fazlur Rehaman has also lauded the positive attitude of the CJP during hearing of the case, who said “our country is an Islamic state where references to Quran and Hadith are made in the judicial decisions. I am not immune to making any mistake.” The satisfactory resolution of this otherwise sensitive issue augurs well for national unity and solidarity and also beams out strong signals to all that there can be no compromise on the honour and dignity of the Holy Prophet (PBUH). In fact, credit goes to all – the Federal and Punjab Governments, CII, Attorney-General of Pakistan, religious scholars and the three-member bench of the apex court for their positive contribution in resolving the controversy. One would tend to the legal opinion that the latest verdict was in line with the spirit of the Constitution, the law and previous judgements of the Supreme Court.
