The Supreme Court on Thursday upheld the bail decision in the Mubarak Sani case and ordered deletion of paragraphs seven and 42 of the decision on the suggestions of the scholars.
A three-member bench headed by the Chief Justice, after hearing the revision petition filed by the Punjab government, said in its verdict that the deleted paragraph in the case cannot be used as a judicial precedent.
Delivering a short judgment in Urdu, the Chief Justice said that the trial court proceeded by ignoring the deleted paragraph. It was not a curative review but a case of correction in judgment.’
During the hearing today, various scholars requested the bench to delete paragraphs seven and 42 from its judgment.
I am not above error: Chief Justice’s dialogue with Taqi Usmani
Chief Justice Qazi Faiz Isa said on Thursday while hearing the review appeal in the Mubarak Sani case that he will not be here on the day he gave the judgments under pressure.
At the beginning of the hearing today, lawyer Riaz Hanif Rahi came to the rostrum and pleaded that a request has been made regarding the case.
Attorney General Mansoor Usman Awan said that when he gave the decision in the revision, the Parliament and the Ulama contacted the Federal Government and asked to be referred to the Supreme Court by the Government.
The Speaker received a letter from the National Assembly and there are instructions from the Prime Minister. Obviously, there can be no second review, therefore, they have come before you under the Civil Code, since this is a religious matter, the scholars should be heard.’
Chief Justice Qazi Faiz Isa said, ‘It is not necessary to say but I have to, I pray in every prayer that Allah does not make me make any wrong decision. Man is recognized by his words and actions.’
During the hearing, Allama Taqi Usmani demanded the deletion of two paragraphs seven and 42 from the decision of May 29, saying that the word tabligh has been used in paragraph 42, which means unconditional permission.
The Chief Justice said: ‘Taqi Usmani sir, I want to apologize, I want to clarify that we received a lot of documents on behalf of those who had given notice.’
The Chief Justice said that ‘if all of them were examined carefully, perhaps the entire decision book would have been made, I could not see all these documents, that is my mistake. Point out to us the errors and objections in the court decision. If we don’t understand something, we will ask questions. Our country is an Islamic state, so we refer to Quran and Hadith in court decisions. I am not above a mistake.’
Mufti Taqi Usmani said that ‘if the matter is like this, then long judgments are read and written’. On which the Chief Justice said, ‘The decision of February 6 has been left behind after the review, now we should look forward.’
Mufti Taqi Usmani said ‘You should have given more time to the real issue than the issues decided in the decision, you wrote in paragraph seven of the decision that Ahmadi was teaching in a private educational institution. There is an impression that they can teach in private educational institutions.
The Chief Justice said, ‘In the past, people did not want to become a Qazi or a judge because it is difficult. I also had no desire to become a Qazi. You requested a review, we implemented it immediately, nothing was hidden.’
Chief Justice’s conversation with Maulana Fazlur Rehman
After that, Maulana Fazlur Rahman, head of Jamiat Ulema-e-Islam Pakistan, came to the rostrum and started the talk.
He said that ‘many seats have been held, now there is a review’. On this, the Chief Justice said that ‘this is not a review.’
Fazlur Rahman replied that ‘this view is arbitrary. The scholars gave their opinion and the opinion of the Islamic Ideological Council has also come out, these opinions have come against your decision.
Maulana Fazlur Rehman said that he wants whoever comes here to point out the mistakes. Qadianis call the entire Muslim Ummah non-Muslim.
Mirza Ghulam Ahmad Qadiani used to say that whoever does not believe in him is a non-Muslim. It is said that we call them non-Muslims, what they say is not discussed, the Qadianis are apostates, so why we called them non-Muslims is also a question. We do not want to create any problem for non-Muslims in Pakistan.’
Chief Justice Qazi Faiz Isa addressed Fazlur Rehman and said that ‘Four years ago I was threatened with death. Do you know who gave it?’
In the meeting of the Standing Committee on Law and Justice of the National Assembly, the government and the opposition parties unanimously decided that the National Assembly will instruct the federal government that regarding the factual and legal aspects of the case and the opinions of the scholars, the Supreme Court An application should be filed on behalf of the government in the court.
I will not be here the day I take decisions under pressure: Chief Justice
After the break, the hearing started again, Mufti Tayyab Qureshi started the arguments and said that the scholars who gave their opinion before him agreed with him.
He said that the Qadianis have organized their commentary on the style of the minor Muslims, no common Muslim can differentiate between his and the Qadianis’ interpretation.
I am begging the court with tied hands to comfort the Muslims who are worried. The suggestions given by the scholars should be implemented.
After that, Sahibzada Abul Khair Muhammad Zubair came to the rostrum and requested the bench to delete paragraph 42 of the review decision.
‘The day I make decisions under pressure I will not be here’
During the arguments of Allama Jawad Naqvi, the Chief Justice stopped him and asked, ‘Have you read the decision of the Supreme Court regarding Zulfiqar Ali Bhutto?’ To this, Naqvi replied that no, he had heard it in the media.
The Chief Justice said the decision is available on the website of the Supreme Court, read it once. The day I made decisions under pressure, I wouldn’t be here. I did not ask for this position and I did not need the money.’
He said, ‘I was a lawyer in Karachi, I was told that there is no judge in Balochistan, you should come. I was not greedy for anything.
‘As much as my salary was, I used to pay taxes, but when I was told, I took my clothes and left overnight. I got a Mercedes and a Land Cruiser and returned them too.’
The Chief Justice further said that ‘I have taken or am taking decisions under pressure, this may be a misunderstanding. I can and will be wrong, this is a religious matter and you have been called to give an opinion.’
Parliament can also annul court decisions: Chief Justice
Allama Jawad Naqvi said that an answer has been prepared regarding the contradictions in the Supreme Court’s decision.
Speaking to him, the Chief Justice said that ‘You should submit your answer in the Lahore Registry and it will reach us.’
Jawad Naqvi said that ‘Supreme Court should not take a decision under pressure, some things were added in the FIR which created problems.’
Chief Justice Qazi Faiz Isa said in remarks: ‘I do not like to be a Qazi, I asked for guidance from the Ulama because there can be mistakes in religious matters.’
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During the hearing, Farid Paracha appeared in the court instead of Jamaat-e-Islami leader Hafiz Naeem-ur-Rehman.
He said that he also wants to amend the decision. ‘All Muslims agree on the end of Prophethood.’
Later, Maulana Atta-ur-Rehman came to the rostrum and said, ‘The Supreme Court often refers to Quranic verses and hadiths in its decisions. It is commendable that the Chief Justice refers to Islamic principles, if there is any ambiguity in them, it must be removed.
Professor Sajid Mir’s representative Work Hafiz Ehsan Khokhar appeared in the court and said, “Supreme Court should cancel the decision of February 6 and July 24 and issue a new decision. If the earlier decisions remain, they will be referred to in the future.” .’
The Chief Justice said that if there is any judicial precedent for combining judgments in this way, let me know. The lawyer replied that he will provide the record to the Supreme Court.
Later, lawyer Latif Khosa said, “Add me and Sahibzada Hamid Raza’s name to the list, we are representing the parliamentary committee and the parliament.”
Addressing them, the Chief Justice said, ‘Parliament can also annul court decisions, go to Parliament and use your power.’
What is in paragraphs seven and 42 to be deleted in the Mubarak Sani case?
In paragraph seven of the order pronounced by the Supreme Court, it was written that “In the FIR, Section 295B of the Penal Code has been mentioned against the accused, but the mere mention of any legal provision does not make the accused liable for the crime under this section.” It is not enough to settle.
The contents of the FIR did not allege blasphemy of the Quran either directly or indirectly and since the said institution where the banned book was distributed according to the FIR was an Ahmadiyya institution, the offense was compounded. Section 298C could not have been applied.’
In paragraph seven of the judgment, it was stated that “it was brought to the notice of the court that the accused has spent 13 months in prison, while his punishment for distribution of a prohibited book is six months in prison, which is a violation of the Criminal Amendment Act, 1932.” 5 is under
Therefore, the court wrote in its February 6 order that since the petitioner’s conviction for the crime carries a maximum sentence of six months, which he has already served, further imprisonment is essential. There is a violation of rights.’
The Supreme Court wrote in paragraph 42 that the details of the constitutional and legal provisions and judicial precedents proved that after declaring both groups of Ahmadis as non-Muslims, they were not allowed to practice and express their religion according to the constitution and law. His right to preach comes with the condition that he will not use Muslim religious terms in public, nor present himself as a Muslim in public.
“However, within their homes, places of worship and their private establishments they have the right to ‘private privacy’ within ‘reasonable limits’ prescribed by law.”
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2024-08-23 06:29:16
