ISLAMABAD: ISLAMABAD: In the Mubarak Sani bail case, the Supreme Court, while hearing the Punjab government’s review petition, accepted the federal government’s request and deleted the objectionable paragraphs from the judgments dated February 6 and July 24 after taking input from scholars.
On February 6, a two-judge Supreme Court bench, led by Chief Justice of Pakistan Qazi Faez Isa, overturned the conviction of Mubarak Sani, who was accused of an offense under the Punjab Holy Quran (Printing and Recording) (Amendment) Act of 2019.
According to Dawn.com, the court ruled that the alleged offense had not been criminalized until 2021, leading to the setting aside of Sani’s conviction and ordering his immediate release.
This verdict sparked what the government and legal community described as a “malicious and slanderous campaign” against the Chief Justice, prompting the Supreme Court to issue a clarification.
The Punjab government subsequently challenged the decision, particularly contesting paragraph 9 of the ruling. The government argued that the paragraph regarding Article 20 of the Constitution required modification, as the rights provided under this provision were not absolute but subject to law, public order, and morality.
In response, the Supreme Court on July 24 accepted the pleas filed by the Punjab government and others, reportedly affirming that the right to religious freedom, as guaranteed by the Constitution, is subject to law, morality, and public order.
The court’s judgment stressed that complete faith in the finality of the prophethood of the Holy Prophet (PBUH) is the very foundation of Islam, a belief essential for being recognised as a Muslim.
However, earlier this month, the Council of Islamic Ideology (CII) expressed concerns over several aspects of the Supreme Court’s second judgment. The CII voiced hope that the court would “soon review its decision” and called on the government to play an active role in the matter.
Various groups, including religio-political parties, had voiced their objections through rallies, even breaching the Supreme Court’s security during protests.
Today, a three-member bench, led by Chief Justice Qazi Faez Isa, heard the review petition filed by the Punjab government in the Mubarak Sani bail case.
After considering arguments from scholars and representatives of religious parties, Chief Justice Qazi Faez Isa delivered a brief verdict. According to the decision, the court accepted the federal government’s request and ordered the deletion of the controversial paragraphs from the judgments of February 6 and July 24. The court specified that these deleted paragraphs should not be cited as precedents in future judgments.
During the hearing, Chief Justice Qazi Faez Isa remarked that any errors made by the court should be corrected and that such corrections should not be matters of ego. He thanked those who had filed the review application, acknowledging their role in addressing potential mistakes.
The Attorney General for Pakistan explained that after the initial decision was made, Parliament and religious scholars had contacted the federal government. They were advised to approach the Supreme Court through official channels. Both the speaker of the National Assembly and the prime minister had issued instructions regarding the matter. Since a second review was not possible, the case was brought before the court under the Civil Code, he said. The Attorney General emphasised that if the issue was religious in nature, the views of scholars should be considered.
Chief Justice Qazi Faez Isa inquired about which scholars were present in court and stressed the importance of determining who would guide the court on religious matters. Addressing Maulana Fazlur Rehman, the chief justice invited any corrections or objections to the judicial decision, stating that the court was open to repentance and willing to listen to other religious leaders.
Mufti Taqi Usmani participated in the Supreme Court hearing via video link from Turkey.
The chief justice clarified that he would not hear from any lawyers, apologising to Taqi Usmani for not thoroughly reviewing all the documents previously submitted. He invited the scholars to point out any errors or objections in the court’s decision, emphasizing that the court would ask questions if they did not understand something. He reaffirmed that, as an Islamic state, the country’s judicial decisions should reference the Qur’an and Hadith, and that no one, including himself, is above making mistakes.
The court decided to seek the guidance of Mufti Taqi Usmani, Maulana Fazlur Rehman, Mufti Sher Muhammad, and other scholars present in court. Sahibzada Abul Khair Muhammad Zubair and Farid Paracha of Jamaat-e-Islami also assisted the Supreme Court.
Mufti Taqi Usmani requested the Supreme Court to delete two paragraphs from its decision, specifically paragraphs 7 and 42. He also urged the court to amend the order to remove certain provisions from the case, suggesting that the applicability of these provisions should be left to the trial court. Mufti Taqi Usmani emphasized that corrections should be made with an open heart, pointing out that the court did not consider Section 298C. He noted that if the case required it, lengthy judgments would need to be written.
In response, Chief Justice Qazi Faiz Isa stated that the February 6 decision was now behind them after the review and that they should focus on the future. He remarked that if the opinions of all the scholars were included in the decision, it would have turned into a book.
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During the hearing, Chief Justice Qazi Faiz Isa invited Maulana Fazlur Rehman to the rostrum and thanked him for attending. Maulana Fazlur Rehman acknowledged that the opinions of the Ulema and the Islamic Ideological Council had also been presented. He mentioned that this was his first appearance before a court at the age of 72, to which the Chief Justice responded by assuring him that they were not so unapproachable. Maulana Fazlur Rehman expressed support for Mufti Taqi Usmani’s position and requested that the Supreme Court review the entire decision, stating that all reservations had been brought to the court’s attention.
Chief Justice Qazi Faiz Isa recalled that Mufti Mehmood had visited his home to offer condolences on the death of his father, emphasizing that he did not wish to repeat history. He reflected on the loss of Gurdaspur, Ferozepur, and Kashmir, and noted that his father had also fought for Pakistan and sacrificed everything for the country. The chief justice mentioned receiving death threats but stressed that he had not sought revenge.
Maulana Fazlur Rehman responded by saying that addressing grievances is also a part of history. The Chief Justice acknowledged that Maulana Fazlur Rehman had applied for a review and that the court had acted promptly. Maulana Fazlur Rehman pointed out that the court had held several hearings and that now it was a matter of review. The chief justice clarified that it was not a review, to which Maulana Fazlur Rehman responded that this was the opinion of the arbitrator. He added that if Mubarak Sani was deemed deserving of bail, it was a different matter, but all provisions should be applied to him for his insulting actions. He also noted that the Parliament had not yet posted the committee’s decision declaring Qadianis as non-Muslims on its website.
The Chief Justice advised Maulana Fazlur Rehman to raise this issue in Parliament. Maulana Fazlur Rehman suggested that the trial of Mubarak Sani should continue and that the views of the Islamic Ideological Council should be considered.
Mufti Tayyab Qureshi pleaded with the court to comfort Muslims who were concerned and to implement the suggestions provided by the scholars, with which he agreed. When Chief Justice Qazi Faiz Isa mentioned an invitation to visit a mosque, he recalled that it was likely located in Chowk Yadgar, where his father had delivered an influential speech during the Tehreek-e-Pakistan movement.
Sahibzada Abul Khair Muhammad Zubair requested that the Supreme Court delete paragraph 42 of the review decision, while Farid Paracha of Jamaat-e-Islami objected to paragraph 7. The chief justice asked Mufti Taqi Usmani and Maulana Fazlur Rehman to share any new insights beyond the details already discussed. Farid Paracha further requested that paragraphs 37, 38, 39, 40, and 49C of the judgment be re-examined.
Religious scholar Dr. Attaur Rahman, in his arguments, commended certain aspects of the case, expressing hope that the Mubarak Sani case would be the last chance for a proper decision. He, along with other scholars, agreed with the suggestions of the Islamic Ideological Council, emphasizing that the sentiments of Muslims were deeply connected to the matter.
PTI leader and senior lawyer Latif Khosa requested that MPs be heard on the issue. In response, the chief justice remarked that Parliament is very powerful and has the authority to overturn Supreme Court decisions, just as it can reverse its own decisions.