On 22nd August, Pakistani media reported that the Pakistan Supreme Court revised its judgement in Ahmadiya Mubarak Sani’s case. The revision came after hardliner Islamists protested against the Paragraphs in Supreme Court judgement where it said Ahamadiyaas have a right to follow their religion.
Supreme Court removed the so-called controversial paragraphs from the Ahmadiyya Mubarak Sani’s judgment following the protests by Islamists. The court accepted the federal government’s appeal to “correct” the judgment by removing the paragraphs that had irked Islamists and Islamic organisations in Pakistan, putting even the life of a Supreme Court judge in danger.
In its recent order, Pakistan’s apex court ruled that the expunged paragraphs 7, 42, and 49-C from the original decision cannot be used as judicial precedents. The decision followed objections raised by Islamic leaders, several of whom were present in court during the review order.
According to reports, the removed paragraphs mentioned the banned book and proselytisation activities of the Ahmadi community. During the hearing, the court was advised by Maulana Fazlur Rehman to limit its role in granting bail. In its order, the court stated that the federal government had sought a review of the previous judgment considering the recommendations from the Council of Islamic Ideology (CII). Notably, following the judgment, riots erupted in Pakistan, and Islamists had barged into the Supreme Court judge’s house.
Earlier, the apex court had sought assistance from religious leaders, including Mufti Taqi Usmani and Maulana Fazlur Rehman, on the matter. The three-judge bench, led by Chief Justice Qazi Faez Isa, asked them to identify errors in the judgment. The Islamic leaders suggested that the court either revise the decision or annul it completely.
Mufti Taqi Usmani, who resides in Turkiye, recommended the removal of paragraphs 7 and 42, citing concerns over the interpretation of proselytisation. The federal government, through the Attorney General, informed the court that parliament and religious leaders had urged the government to request the apex court’s intervention in the matter as a second review was not feasible under civil procedure.
Chief Justice Isa said, “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.
Background of the Case
On 24th July, the Supreme Court of Pakistan upheld the petition by the Punjab Government asserting that religious freedom and the right to profess religion are subject to laws, morality, and public order. The decision came in the case related to the conviction of Mubarak Ahmad Sani under the Punjab Holy Quran (Printing and Recording) (Amendment) Act, 2021. The issue in the matter was that the law was enacted after the so-called crime was committed by Sani, which led to his bail and release. However, the Punjab (Pakistan) government filed a review petition seeking modification to clarify constitutional rights concerning law, public order, and morality.
Following the judgment, Islamist mob comprising thousands is protesting in Pakistan against Supreme Court Chief Justice Qazi Faez Isa. Isa, who was appointed the Chief Justice of Pakistan in November last year has been facing death threats and protests since February this year after he ordered the release of a Ahmadiyya man Mubarak Sani. On the 29th of May, a three-judge bench including Chief Justice Isa, Justice Irfan Saadat Khan, and Justice Naeem Akhtar Afghan reserved its decision.
The protesting Islamists are demanding CJP Faez Isa’s resignation. On 19th August, a large number of protesters from various Islamist groups breached Islamabad’s highly secured Red Zone, storming the Supreme Court entrance gates to protest the Pakistan apex court verdict in the Mubarak Sani case.
In the February ruling, Justice Isa granted bail to Ahmadiyya man Mubarak Ahmad Sani who was accused of blasphemy in 2019 for distributing pamphlets promoting his religious beliefs. Sani was convicted under the Punjab Holy Quran (Printing and Recording) (Amendment) Act, 2021. However, the 3-judge bench led by Justice Isa noted that Sani was charged for an offence not criminalised until 2021. Consequently, the top court granted bail to Sani and ordered his immediate release. Soon after, Tehreek-e-Labbaik Pakistan (TLP) and other Islamists launched a hate campaign against Qazi Faez Isa. In Peshawar, around 3000 people blocked the roads in February and raised slogans like “Death to Qadianis” etc. The agitation of Islamists compelled the Supreme Court to issue a statement ‘defending’ its decision in the Mubarak Sani case.
