ISLAMABAD: The Supreme Court reserved judgment in the Punjab provincial government’s petition to review its order in granting bail to an accused in a blasphemy case.
A three-judge bench, headed by Chief Justice Qazi Faez Isa, and comprising Justice Irfan Saadat and Justice Naeem Akhtar Afghan heard the Punjab government’s and Jamaat-e-Islami (JI)’s review petitions.
The chief justice said they have received the opinion of religious institutions and various Ulema regarding the matter, adding they would examine them thoroughly. If there will be a need for further assistance then the case will be fixed again; otherwise, it would pass the judgment, the CJP added.
A two-judge bench of the Supreme Court on the appeal of Mubarak Ahmed Sani vs State on February 6 ruled that the Courts must exercise extreme caution when dealing with matters of faith. It said: “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”
The court declared that even if the allegations in the FIR of the case are accepted in letter and spirit, these provisions (mentioned in FIR) are not applied on the accused.
The Punjab government, JI and many Ulema deemed that the effect and scope of the 06-02-24 order travelled beyond the parties to the lis as it contains reference of Quran, interpretation of the constitutional provisions and criminal law on the subject.
The Court on February 26 had sought the help of religious institutions and directed the SC office to send its order (February 6) to the Council of Islamic Ideology (CII), Jamia Naeemia Karachi, Jamiat Ahle Hadith Lahore, Jamia Tul Muntazar Lahore, Quran Academy Karachi and others for their opinion on the instant matter.
The court also said that anybody else who wanted to give an opinion could do so by filing a written submission. Maulana Tahir Ashrafi, JI former chief Sirajul Haq, the representatives of Jamiatul Islam, and Ahle Hadith appeared before the bench.
The Punjab government in its review petition said certain words of Article 20 of the Constitution were not mentioned, that is “subject to law, public order and morality” in the court order.
The JI petition stated it has no doubt in his mind that the impugned order is not travelling on some motivation rather result of inadvertence and lack of proper assistance on the subject. There is a prevailing sentiment that the recent observations made by the Court have deviated from the longstanding constitutional commands and jurisprudence with regard to the extent of freedom of faith to be observed by the Qadianis.
The court’s recognition of the right to assist or correction indicates that individuals who believe there was an error in the interpretation of an Islamic principle or legal provision have a legitimate avenue to seek clarification or resolution. This highlights the court’s commitment, openness and resolve to address concerns and ensuring justice, which is highly commendable, said the petition.
Copyright Business Recorder, 2024
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