ISLAMABAD: The Supreme Court ruled that the Courts must exercise extreme caution when dealing with matters of faith.
“The Islamic faith is based on the Holy Qur’an which, in its Surah Al-Baqarah (chapter 2), verse 256 expounds that there must not be any compulsion in religion,” said a judgment of a two-judge bench comprising Chief Justice Qazi Faez Isa and Justice Musarrat Hilali.
The petitioner (Mubarik Ahmad Sani) sought the deletion of certain charges from the charge framed against him. He was charged with three offences pursuant to FIR No 661/22 registered against him on 6 December 2022, at Police Station Chenab Nagar, District Chiniot.
The petitioner was charged under: (a) section 7 read with section 9 of the Punjab Holy Quran (Printing and Recording) Act, 2011, (b) under section 298-C of the Pakistan Penal Code, 1860 (‘PPC’), and (c) under section 295-B of the PPC. It was alleged in the FIR that the petitioner was distributing/disseminating a proscribed book – Tafseer-e-Sagheer.
The petitioner’s counsel told the Court that distributing/disseminating a proscribed book was made an offence by the Punjab Holy Quran (Printing and Recording) (Amendment) Act in the year 2021, whereas, the FIR alleged that the petitioner had done this in 2019.
The judgment said: “Religious compulsion also violates the Divine scheme of accountability in the Hereafter. Even Prophet Muhammad (peace and blessings of Almighty Allah be upon him) was told by the Creator that he is required to only convey the Message and should not compel people to believe, as stipulated in Surah Ar-Ra’d (chapter 13), verse 40 and in Surah Yunus (chapter 10), verse 99 of the Holy Qur’an. Freedom of faith is one of the fundamental tenets of Islam. But sadly, in matters of religion tempers flare up and the Qur’anic mandate is forsaken.”
“The Holy Qur’an requires that all matters of significance should be pondered over and reflected upon (Surah An-Nahl (chapter 16), verse 44 and Surah Yunus (chapter 10), verse 24). All those concerned with this case should have done so instead they were eager to demonstrate that the Holy Qur’an was desecrated and that God’s Last Messenger (peace and blessings of Almighty Allah be upon him) was denigrated. They should also have considered verse 9 of Surah al-Hijr (chapter 15) where Almighty Allah says: ‘We have, without doubt, sent down the Message; and we will assuredly guard it,’ it added.
The judgment further said: “The principle of there being no compulsion in religion mentioned in the Holy Qur’an is enshrined in the Constitution as a Fundamental Right. Clause (a) of Article 20 of the Constitution stipulates that, ‘every citizen shall have the right to profess, practice and propagate his religion’ and clause (b) of Article 20 states that, ‘every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions’.”
It stated that Article 22 of the Constitution requires and prescribes that “no religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination”. These Fundamental Rights cannot be derogated from, circumvented or diluted.
The judgment noted that if the functionaries of the State had heeded the Holy Qur’an, considered the Constitution and examined the law then the FIR would not have been registered in respect of the abovementioned offences.
The court set aside the Lahore High Court’s order and by deleting Section 7 read with Section 9 of the Punjab Holy Quran (Printing and Recording) Act, 2011 and sections 298-C and 295-B of the PPC from the charge framed against the petitioner.
The judgment regretfully noted that in dealing with cases pertaining to offences against religion facts give way to emotions, as seems to have happened in this case too, and individual complainants supplant the State, even though the very nature of these offences is not against an individual or with regard to personal property.
Copyright Business Recorder, 2024
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