The Supreme Court on Thursday took up the Punjab government’s urgent application seeking omissions of certain portions from its July 24 verdict in the Mubarak Ahmad Sani case.
On February 6, a two-judge SC bench, led by Chief Justice of Pakistan Qazi Faez Isa, overturned the conviction of Mubarak Sani, who was accused of an offence in 2019 under the Punjab Holy Quran (Printing and Recording) (Amendment) Act.
In its judgement, the court noted that the offence that the defendant had been accused of was not criminalised till 2021. Consequently, the apex court set aside the conviction and ordered the immediate release of the petitioner.
This led to what the government and the legal community termed a “malicious and slanderous campaign” against the CJP, even prompting the Supreme Court to issue a clarification.
The decision was subsequently challenged by the Punjab government on the grounds that paragraph 9 of the order, regarding Article 20 of the Constitution, needed to be modified as the rights of the citizens as envisaged under the provision were not absolute and instead subject to law, public order, and morality.
While accepting the pleas, the Supreme Court on July 24 reportedly declared that the right to profess religion and religious freedom, as ensured by the Constitution, was subject to law, morality, and public order.
The judgment had emphasised that complete faith in the finality of the prophethood of the Holy Prophet (PBUH) was the very foundation of Islam — a belief without which nobody can be described as a Muslim.
However, earlier this month, the Council of Islamic Ideology (CII) expressed its reservations over a number of reasons given in the SC’s second judgment. Expressing the hope that the SC “will soon review its decision”, the CII had urged the government to play an effective role in the matter.
Various groups, including religio-political parties, have voiced their objections by carrying out rallies and even breaching the apex court’s security as they held protests.
The matter has come under discussion in the National Assembly by both the treasury and opposition benches, while the KP Assembly had also unanimously passed a resolution expressing concern over the SC verdict.
Subsequently, on August 17, the Punjab government filed an application seeking corrections that some clerics deemed were needed in the SC’s July 24 clarification.
According to the petition, some leading clerics and members of parliament requested the federal government to approach SC and highlight some portions of the verdict that they say merited correction. The application explains that some observations and findings contained in some other paragraphs of the judgment appeared to be an accidental error and contrary to the precedents as mentioned by the top court.
#Hearing today
Today, a three-member bench — led by Chief Justice Qazi Faez Isa and including justices Irfan Saadat Khan and Naeem Akhtar Afghan — took up the Punjab government’s petition.
Jamiat Ulema-i-Islam—Fazl (JUI-F) chief Maulana Fazlur Rehman — one of the clerics who had requested the government to seek another review of the ruling — appeared before the court
Attorney General for Pakistan (AGP) Mansoor Usman Awan was also present during the hearing while prominent religious scholar Mufti Taqi Usmani appeared via video link.
More to follow
Pakistan
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