Suspending the Section 241 of the Election Act, 2017 relating to the Khatam-e-Nabuwat (Finality of Prophethood) till final adjudication in response to a plea seeking annulment of the Act, Islamabad High Court on Tuesday issued notices to respondents, including Attorney General for Pakistan.
Taking up the plea of Maulana Allah Wasaya in the matter, a single member bench of Justice Shaukat Aziz Siddiqui in its order said, "Prima facie, the repealing of laws under Section 241 of the Election Act, 2007 is against the mandate and in conflict with the Constitution, therefore the applicability of the impugned Act to the extent of Khatam-e-Nabuwwat (Finality of Prophethood) only is suspended."
The order further added, "As section 7B and 7C, inserted through Act XXXV of 2017, revived the declarations by the candidates, available prior to enactment, therefore to this extent, Amendment shall hold the field." The counsel for petitioner, Hafiz Arfat Ahmad, made Federation of Pakistan through secretary Ministry of Law and Justice, secretary interior and secretary establishment respondents in the matter.
Justice Siddiqui said in order, "Contentions raised by the counsel need consideration. Since vires are under challenge, therefore, let notice be issued to the Attorney General of Pakistan." The IHC bench also directed that the report of the committee headed by Senator Zafarul Haq may also be submitted before the court in a sealed envelope in addition to notices to respondents to file para-wise comments with an advance copy to the counsel for the petitioner.
It is pertinent to mention that the petitioner prayed to issue directives to the secretary law and justice to immediately take all necessary measures for revival of all provisions (which were in existence prior to the promulgation of the Election Act, 2017) relating to Qadiani Group/Lahori Group in their entirety with a further direction to the said respondent to ensure that all such provisions have been made part of the primary legislation ie the Election Act, 2017.
He requested the court to direct the secretary establishment to maintain, henceforth, a separate database of individuals belonging to Qadiani Group/Lahori Group entering in civil service so that in future they may not be posted in offices involving sensitive matter/s such as raised in the instant petition.
He also requested the court to direct the secretary interior to immediately conduct a thorough investigation through credible and honest officer/s of law enforcement agencies to ascertain the elements and forces behind the unconstitutional and illegal acts detailed in the petition.
He further prayed to the court to direct the secretary establishment to bring on record a detailed report showing individuals/officers belonging to Qadiani Group/Lahori Group currently serving in the federal government with their respective portfolios.
The petitioner claimed that in a deceitful manner and to the utter surprise of the nation, through an Act of the Parliament dated October 2, 2017, certain amendments were introduced in the existing laws which in fact frustrated the second constitutional amendment of declaring Qadiani Group as non-Muslim defined in Article 260 of the Constitution.
He added that on a hue and cry of the entire nation, Amendment to the Act dated October 19 was brought through and section 7B and 7 C of the Conduct of General Elections Order 2002 have been revived whereas all other laws repealed through Act dated October 2 still remain repealed and through an illusion, effort has been made to satisfy the citizens of Pakistan.
The petitioner said that even a high-level committee was constituted by the Prime Minister headed by Senator Raja Zafarul Haq and the committee submitted its report through which certain elements were exposed who played havoc with this process. He contended that any provision or law made against the fundamental rights cannot be made therefore, the said Election Act, 2017 to the extent of provisions relating Finality of Prophethood is void and unconstitutional in its inception.
Maulana Allah Wasaya maintained that since the Election Act, 2017 relating to the provisions, declaration and oaths is against the Articles 8 and 227 of the Constitution of Pakistan and has resulted into serious law and order situation throughout the country. Therefore, he requested the court that till next date of hearing, operation of the said enactment to the extent of repealing of laws under section 241 in respect of the Finality of Prophethood may be suspended.
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