Islamabad (Report:Rana Masood Hussain) The Supreme Court of
Pakistan, accepting the requests of Punjab and the Federation regarding the
correctness of the Mubarak Second Revision Decision, deleted the controversial
paragraphs from the decisions of February 6 and July 24 in its brief decision,
Chief Justice Qazi Faiz Isa during the hearing. He remarked that Parliament
should not make a mistake a problem of ego, if there is a mistake, it should be
rectified. While supporting, he said that paragraph number 7 and 42 of the
decision should be deleted, Sahibzada Hamid Raza said that the entire decision
is wrong and should be withdrawn, Hafiz Ehsan Khokhar said that deletion of the
paragraph will create confusion and a new decision should be recorded, Farid
Paracha said. Qadiani said advertising inside the house or outside is a crime
under the law, Mufti Tayyab Qureshi said Muslims are worried, comfort them,
Islamic scholar Attaur Rehman said they agree with the suggestions of the
Islamic Ideological Council. Fazlur Rehman, Mufti Taqi Usmani and other
scholars.
According to the details, a three-member bench comprising of
Justice Aminuddin Khan and Justice Naeem Akhtar Afghan headed by Chief Justice
Qazi Faizaisa on Thursday ruled against the Federation of Pakistan and the
prosecutor. Mufti Muhammad Taqi Usmani from (Turkey) and Syed Jawad Ali Naqvi
from (Lahore) gave arguments on the video link, while Maulana Fazlur Rehman,
Mufti Sher Muhammad Khan gave arguments on the judicial notice of the joint
miscellaneous application filed by General Punjab. Maulana Muhammad Tayyab
Qureshi, Sahibzada Abu-ul-Khair Muhammad Zubair and Maulana Dr. Atta-ur-Rehman
appeared in person and gave arguments. Mufti Muneeb-ur-Rehman, Hafiz
Naeem-ur-Rehman, Professor Sajid Mir and Maulana Muhammad Ijaz Mustafa did not
appear during the hearing despite the notice. However, they were represented by
Mufti Syed Habib-ul-Haq Shah, Dr. Farid Ahmed Paracha, Hafiz Ehsan Ahmed
Advocate and Mufti Abdul Rasheed respectively and presented their arguments on
their behalf, according to the 2-page written decision of the Supreme Court
dated 24 July 2024.
A separate petition was filed on behalf of the Federation of
Pakistan and the Prosecutor General of Punjab for the correction of the
decision, for this purpose the parliament also passed a unanimous resolution.
Their opinions should be taken into account while interpreting the decision,
according to the decision, the court approved this request for hearing and
issued notices to these scholars. Ali Naqvi presented his arguments on video
link from (Lahore) while Maulana Fazlur Rehman, Mufti Sher Muhammad Khan,
Maulana Muhammad Tayyab Qureshi, Sahibzada Abu-ul-Khair Muhammad Zubair and
Maulana Dr. Atta-ur-Rehman appeared in person and gave arguments, court
notices. Despite this, Mufti Muneebur Rahman, Hafiz Naeemur Rahman, Professor
Sajid Mir and Maulana Muhammad Ejaz Mustafa could not appear, but they were
represented by Mufti Syed Habib-ul-Haq Shah, Dr. Farid Ahmed Paracha, Hafiz
Ehsan Ahmed Advocate and Mufti Abdul Rasheed respectively presented their
arguments, according to the court decision, the scholars expressed their
reservations on several paragraphs of the impugned decision andpresented
detailed arguments for the deletion of and emphasized on keeping in mind the
recommendations of the Islamic Ideological Council on this subject.
While correcting the earlier judgments, the impugned
paragraphs were deleted, the court held that these deleted paragraphs cannot be
cited or used as judicial precedent in any court in future, while the trial
courts were influenced by these paragraphs. Without deciding the case of
blasphemy against accused Mubarak Sani according to the law, the court stated
that the detailed reasons for this short order will be issued later. Earlier on
Thursday, when the hearing of the case started, Attorney General Barrister
Mansoor Usman Awan appeared and gave arguments related to the miscellaneous
application and took a stand that on the decision of the bail case of Mubarak
Sani, the accused in the case related to "blasphemy". Regarding some
controversial paragraphs regarding the revised decision, the parliamentarians
and scholars contacted the federal government and appealed to the government to
approach the Supreme Court again, this is a religious matter, hence the stand
of the scholars. It is mandatory to be heard, on which the Honorable Chief
Justice said that it should not be said. But I am forced to.
I pray in every prayer that Allah does not make me make any
wrong decision. The head is on the eyes, on the 50th anniversary of the
Constitution, I myself went to the Parliament House, he said that we asked
Mufti Taqi Usmani to assist the court but he has gone to Turkey, we also asked
Mufti Muneebur Rahman. He bothered to come here but he could not come, on which
his representative in the court said that Mufti Muneebur Rahman sent me.
Requesting to delete paragraph number 7 and 42 of the judgment, he said that in
paragraph number 42, the word tabligh has been used i.e. unconditional
permission has been given, on which the Hon'ble Chief Justice read out Section
298 C of the Pakistan Penal Code. , according to which the persons of any
Qadiani community are not allowed to preach by pretending to be Muslims, he
said that Qadianis are in a minority but do not recognize themselves as
non-Muslims.
During the hearing, the Chief Justice said that you should
point out the mistakes and objections in the court decision, if we do not
understand anything, we will ask you questions. He further said that our
country is an Islamic state, therefore, they keep quoting Qur'an and Hadith in
court decisions, but I am also not above mistakes. Long judgments also have to
be written, on which the Chief Justice said that the decision of February 6 was
left behind after the review, now we should look ahead. Give examples of laws?
Why not give examples of your religion? If one does not take the matriculation
exam, there is no risk of failure, to which Mufti Taqi Usmani said that you
should consider the actual matter more than the scheduled matters while issuing
your decision.Time should have been given, you have written in paragraph number
7 of the judgment that Ahmadi was teaching in a private educational
institution, which gives the impression that he can teach in private
educational institutions. Requesting the IR to amend the order to remove the
provisions, he said that the issue of whether these provisions should be
applied or not should be left to the trial court. He said that the amendment
should be done with an open heart.
Qadianis can preach in a closed room, although according to
the law, Qadianis are not allowed to preach in any case, the court has not
taken into account Section 298C, on which the Chief Justice said, "If we
explain, will it be enough?" So Mufti Taqi Usmani requested the court to
delete the relevant part of the decision instead of explaining it. During the
hearing, the judicial assistant Sahibzada Abul Khair Zubair pointed to the
obstacles on the way to the Parliament House before giving arguments. You have
closed all the roads to Islamabad, I have reached here from Hyderabad with
great difficulty, on which the Chief Justice said that I did not close the
roads, Sahibzada Abul Khair Muhammad Zubair said that paragraph 42 of the
review decision was deleted. During the hearing, the court stopped PTI members
of the National Assembly Latif Khosa and Sahibzada Hamid Raza from talking and
said that they will not listen to any lawyer's position today, to which Latif
Khosa said that I am a member of parliament and a member of parliament. I have
come to present my position as a member of the Committee for Law and Justice.
This whole matter started with the objection raised by my
fellow member of the National Assembly, Sahibzada Hamid Raza. Asked whether you
are a greater scholar than other scholars? So he said, "I am the master of
Dars Nizami, I do not claim to be superior or equal to anyone," to which
the Chief Justice said, "You should sit down and let the court proceedings
proceed," to which Hamid Raza said, "Our position is this." That
the entire decision of the court is wrong, and we want the entire decision to
be withdrawn, Latif Khosa said that we should also be heard as members of
Parliament, then the Chief Justice said that the Parliament is very powerful,
it is the Supreme It can also cancel the decision of the court, you can also
cancel this decision from the Parliament, during the hearing, Hafiz Ehsan
Khokhar, the representative of Professor Sajid Mir, came to the rostrum and
took a stand that instead of deleting the various paragraphs, the court should
record a new decision. , if any paragraph is left, more ambiguity will arise.
He said that the court should start reforming from its initial decision in the
Mubarak Sani case, on which Maulana Fazlur Rahman also came to the rostrum and
took a stand that I fully agree with the opinion of Mufti Taqi Usmani, it would
be appropriate for the court to decide the Mubarak Sani case. I should declare
both the decisions issued null and void, we do not want anyone to take
advantage of the ambiguity in the court decision, he added, I am sure that all
the scholars will agree with this proposal.
He said that the Supreme Court should have limited itself only
to the bail application of the accused and the trial should continue in the
concerned court.I had formed a committee, however, the decision of this
committee has not been released on the website of the parliament till date.
Taking oath, on which the Chief Justice clarified that this is not the second
request for review, Maulana Fazlur Rahman said that then this review will be
arbitration, he said that I am 72 years old and due to the sensitivity of this
matter, I am in the court for the first time. I have stood up, Chief Justice
said that Maulana Sahib!We are not that bad, on the death of my father, your
father Mufti Mehmood came to our house to condole. Do you think it had to
happen? On which Maulana said that today you are making history even by
correcting the mistake of the decision. Appearing in the court for the belief
of end of prophethood will lead to salvation. Mirza Ghulam Ahmad Qadiani used
to say that those who do not believe in it They are unbelievers. During the
hearing, Taimur Malik advocate appeared in the court and said that my review
application has been pending for many days, my application has been rejected
and the government's application has been set aside, the Supreme Court is
violating my fundamental rights, on which once again The atmosphere of the
court became bitter, during the arguments of Mufti Sher Muhammad, the Chief
Justice said that the youth and lawyers should listen to the scholars, we are
also listening patiently, to which another petitioner Riaz Hanif Rahi said that
we are not subordinate to the scholars.
I have filed a petition on a legal point, the court should
decide according to the law instead of teaching us, Mufti Tayyab Qureshi said
that I agree with the scholars who have given their opinion before me. This is
why the common Muslim cannot differentiate between his interpretation and that
of the Qadianis. Yes, he invited the Chief Justice to visit Mahabat Khan Mosque
in Peshawar, then the Chief Justice said that this mosque is probably in Chowk
Yadgar? My father gave the best speech in Tehreek-e-Pakistan at Chowk Yadgar,
my father says that the whole congregation was against the Muslim League but
after his speech everyone shouted slogans of Quaid-e-Azam Zindabad. took a
position that Qadianis do not recognize themselves as non-Muslims and that is
why this whole problem arises. Advertise the book inside the house or outside?
Is it a crime under the law, whether the killing is inside or outside the
house? In both cases there is a serious crime, he said that Qadianis cannot be
allowed to express their beliefs like Muslims, we also object to para number 7
of the court decision, the Chief Justice told him that Mufti Taqi Usmani and
Apart from the details that Maulana Fazlur Rehman has put before the court, if
there is anything new, then let them also tell, to which Farid Paracha said
that this is not only a matter of Mubarak Sani case, but a matter of hundred
years of jihad and history requested the court to re-examine paragraphs 37, 38,
39, 40 and 49C of its judgment. you
quote Quranic verses in court decisions, the case of Supreme Court (Practice
and Procedure) Act 2023 was a commendable move, how long were the Shariat
Appellate Bench cases pending, you have completed the bench, Mubarak Sani In
the case we hope this will be the last chance and a fair and unequivocal
decision will be made.
He said that the problem of the Qadianis is that they do not
follow the constitution, the Qadianis are still promoting the book called
Tafsir Sagheer, on which the Chief Justice said that a new FIR has been
registered on the publication of Tafsir Sagheer. It may be, Atta Rahman added
that we also agree with the suggestions of the Islamic Ideological Council like
other scholars, because the feelings of Muslims are connected with this matter.
Meet the cases? Either consider yourself a non-Muslim or accept the end of
Prophethood? Atta-ur-Rehman said that it is written in the constitution in
clear words that no law can be made in Pakistan contrary to Quran and Sunnah.
will be done
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