Islamabad: The Supreme Court has sought assistance from scholars including Mufti Taqi Usmani and Maulana Fazlur Rehman and Jamaat-e-Islami’s Fareed Paracha in the review petition filed by the Punjab government in the Mubarak Sani case. The Chief Justice has requested the scholars to identify errors in the judgment. The scholars are demanding either a re-drafting of the decision for clarification or its nullification.
According to details, the hearing of the review petition filed by the Punjab government against the decision in the Mubarak Sani case has begun in the Supreme Court. Mufti Taqi Usmani, who is in Turkey, participated via video link, while Maulana Fazlur Rehman, the Attorney General, and others were present in court.
The three-member bench, led by Chief Justice Qazi Faez Isa, is hearing the case.
The Attorney General stated that after the decision in the Mubarak Sani case, the Parliament and scholars contacted the federal government, suggesting that the Supreme Court should be approached through the government. A letter was received from the Speaker of the National Assembly and instructions were given by the Prime Minister. It was noted that a second review is not possible, thus the petition has been presented under civil procedure rules.
The Attorney General also mentioned that notices had been issued to the parties, who appeared in court and via video link. Given the religious nature of the case, the scholars’ input was sought.
Chief Justice Qazi Faez Isa remarked that although he should not say this, he feels compelled to. He stated that he prays in every prayer that he does not make any wrong decisions. He emphasized that humans are judged by their actions and words, and he personally attended Parliament on its 50th anniversary.
The Supreme Court decided to seek assistance from Maulana Fazlur Rehman, Mufti Sher Muhammad, and other scholars present in court. Abu al-Khair Muhammad Zubair from Jamaat-e-Islami will also assist the court.
The Chief Justice mentioned that assistance was sought from Mufti Taqi Usmani, who is in Turkey, but Mufti Muneeb ur Rehman did not attend, although his representative stated he was sent by Mufti Muneeb ur Rehman.
During the hearing, Maulana Taqi Usmani requested the court to remove two paragraphs from the decision dated May 29. He suggested that paragraphs 7 and 42 be deleted. Mufti Taqi Usmani noted that the term “propagation” was used in paragraph 42, implying unconditional permission. Chief Justice read out Section 298-C, which prohibits non-Muslims from presenting themselves as Muslims and permits propagation. He added that Ahmadis, although a minority, do not accept themselves as non-Muslims.
Chief Justice Qazi Faez Isa requested the scholars to point out any errors and objections in the judgment and assured that if there was any confusion, they would seek clarification.
Mufti Taqi Usmani said that lengthy judgments are written when dealing with such matters. The Chief Justice noted that the decision of February 6 remained pending after review and emphasized focusing on future actions. He pointed out that while examples from the US and UK are cited, the same should apply to Pakistan.
Mufti Taqi Usmani suggested that the decision should focus more on the core issue rather than established issues, citing paragraph 7 which mentioned Ahmadis teaching in private educational institutions, giving an impression that they might be allowed to teach in private institutions.
Maulana Fazlur Rehman supported Hafiz Ehsan Khokhar’s point, advocating that both decisions in the Mubarak Sani case be nullified to avoid any ambiguity benefiting others. All scholars were expected to agree with this suggestion.
Jamaat-e-Islami leader Fareed Paracha said that Ahmadis do not consider themselves non-Muslim, which creates issues. He stressed that Ahmadis calling themselves Muslims is a crime, whether done inside or outside their homes. He expressed objections to paragraph 7 of the court decision.
The Chief Justice asked if there were any new points beyond those presented by Mufti Taqi Usmani and Maulana Fazlur Rehman. Fareed Paracha responded that the matter extends beyond the Mubarak Sani case, involving a century-long struggle and history, and requested a re-evaluation of paragraphs 37, 38, 39, 40, and 49-C of the judgment.
Dear TNT Reader,
At The News Tribe, our mission is to bring you free, independent, and unbiased news and content that keeps you informed and empowered. We are committed to upholding the highest standards of journalism, as we understand that we are a platform for truth.
Apart from independent global news coverage, we also commit our unique focus on the Muslim world. In an age marked by the troubling rise of Islamophobia and widespread misrepresentation of Muslims in Western media, we strive to provide accurate and fair coverage.
But to continue doing so, we need your support. Even a small donation of 1$ can make a big difference. Your contribution will help us maintain the quality of our news and counteract the negative narratives that are so prevalent.
Please consider donating today to ensure we can keep delivering the news that matters. Together, we can make a positive impact on the world, and work towards a more inclusive, informed global society.
Donate Monthly Subscription Annual Subscription
