———- Fazl declares ‘day of gratitude’ after SC ruling in Mubarak Sani case
Staff Report
ISLAMABAD: The Supreme Court of Pakistan has accepted the federal government’s appeal for correc-tions in the Mubarak Sani review decision, expunging all ‘controversial paragraphs’ from its previous order.
The court ruled that the exounged paragraphs cannot be used as a judicial precedent.
The court removed paragraphs 7, 42, and 49-C from the review decision, following requests from reli-gious scholars present in court.
The removed paragraphs mentioned the banned book and proselytisation activities of the Ahmadi community. During the hearing, Maulana Fazlur Rehman advised the court to limit its role to granting bail. The Supreme Court clarified that the federal government had sought a review of the decision and considered recommendations from the Council of Islamic Ideology (CII).
Earlier, the court had sought the assistance of religious scholars, including Mufti Taqi Usmani and Mau-lana Fazlur Rehman, on the matter. Chief Justice Qazi Faez Isa, who led the three-member bench, asked the scholars to identify any errors in the decision.
The scholars requested either a revision of the ruling or its annulment.
Mufti Taqi Usmani, participating via video link from Turkiye, recommended the removal of paragraphs 7 and 42, citing concerns over the interpretation of proselytisation. The court acknowledged these concerns and sought further input from other scholars.
The Attorney General informed the court that parliament and religious scholars had urged the federal government to request the Supreme Court’s intervention, as a second review was not feasible under civil procedure
Chief Justice Isa stated, “I pray after every namaz that no wrong decisions are made,” highlighting the importance of judicial integrity. He also expressed respect for parliament, referencing his attendance at its 50th anniversary.
The court concluded by emphasising that the paragraphs removed from the Mubarak Sani review de-cision are not to be used as precedents in future cases.
Mubarak Ahmad Sani had been accused and convicted under the Punjab Holy Quran (Printing and Re-cording) (Amendment) Act, 2021. However, his offence occurred before the law was enacted, leading to his bail and release. The Punjab government filed a review petition seeking modifications to clarify constitutional rights concerning law, public order, and morality.
On July 24, the Supreme Court upheld the petition, asserting that religious freedom and the right to profess religion are subject to laws, morality, and public order. The Council of Islamic Ideology later raised concerns, urging the court to reconsider its decision.
Earlier, Maulana Fazlur Rehman, the head of Jamiat Ulema-e-Islam (JUI-F), announced a nationwide ‘Day of Gratitude’ to be observed on Friday, following the Supreme Court’s acceptance of a review pe-tition in the Mubarak Sani case.
Speaking to the media in Islamabad on Thursday, Fazlur Rehman expressed his thanks to the Supreme Court and parliament, stating, “Tomorrow, we will observe Friday as a day of gratitude. On this day in 1974, the National Assembly unanimously passed a resolution and amendment declaring Ahmadis and Lahoris as a minority. Today, the entire nation is celebrating the Golden Jubilee of this decision at Mi-nar-e-Pakistan, Lahore.”
He emphasised that the day will be commemorated as a ‘day of victory,’ adding that the Supreme Court’s ruling has further amplified the significance of this Golden Jubilee. “The people of Pakistan will now participate with renewed vigour and a victorious spirit,” he remarked.
Fazlur Rehman reaffirmed, “No power in the world can conspire against the belief in the finality of Prophethood (PBUH), nor will their conspiracies succeed. This is the unanimous voice of the entire na-tion. While we recognise their human rights, it is essential that they acknowledge and abide by Paki-stan’s Constitution.”
He also noted, “If any citizen, anywhere in the world, rebels against their country’s Constitution, they forfeit their civil and human rights.”
Concluding his remarks, Fazlur Rehman expressed his gratitude once more to the Supreme Court and parliament, highlighting that both the government and opposition were united on this issue. “Religious parties have always shown solidarity on this matter, and today, they have demonstrated it once again,” he said.
When asked about Chief Justice Qazi Faez Isa, Fazlur Rehman praised him, stating, “We must com-mend and appreciate the positive role he has played today.”
