Supreme Court removes controversial paragraphs in Mubarak Sani case
Pakistan
Three-member SC bench, headed by Chief Justice Qazi Faez Isa, took up the matter
ISLAMABAD (Dunya News) – The Supreme Court on Thursday ordered the removal of the controversial paragraphs in the ruling of Mubarak Sani case.
The Supreme Court heard an urgent application from the Punjab government, requesting the removal of certain portions from its July 24 verdict in the Mubarak Ahmad Sani case.
A three-member bench, headed by Chief Justice Qazi Faez Isa, took up the matter. The other members were Justice Irfan Saadat Khan and Justice Naeem Akhtar Afghan.
The bench accepted the Punjab government’s application and ordered the removal of paragraphs No 7, 42 and 49-C.
On Feb 6, a two-judge bench of the Supreme Court, headed by Chief Justice Qazi Faez Isa, annulled the conviction of Mubarak Sani who had been charged in 2019 under the Punjab Holy Quran (Printing and Recording) (Amendment) Act.
The court observed in its ruling that the offence for which the defendant was convicted was not actually criminalised until 2021. As a result, the Supreme Court ordered the petitioner’s immediate release.
This decision sparked what was described by the government and legal circles as a “malicious and defamatory campaign” against the chief justice, leading the Supreme Court to issue a public clarification.
On July 24, the Supreme Court, after considering the appeals from the Punjab government and other parties, reportedly affirmed that "the constitutional right to religious freedom is indeed subject to legal, moral, and public order constraints."
On Thursday (Aug 22), Chief Justice Qazi Faez Isa stated, "I am not above making mistakes. Our country is an Islamic state, which is why we refer to the Quran and Hadith in judicial decisions. After every prayer, I only pray that no wrong decision is made. Please point out any errors or objections in the court's decision."
Attorney General for Pakistan Mansoor Awan requested that they should now focus on moving forward. He suggested that, since the matter is religious, the scholars should be consulted.
After court's decision in the review of the Mubarak Sani case, parliament and religious scholars contacted the federal government, advising them to approach the Supreme Court.
The Supreme Court decided to seek assistance from Maulana Fazlur Rehman, Mufti Sher Muhammad, and other scholars present in the court. Abu al-Khair Muhammad Zubair and Jamaat-e-Islami's Fareed Paracha also assisted the court.
During the hearing, Allama Taqi Usmani assisted the court and requested the removal of two paragraphs from the decision. He asked for paragraphs 7 and 42 to be deleted.
The chief justice also noted that the Feb 6 decision was left behind after the review, and now it's time to move forward.
Fazlur Rehman’s arguments
JUI chief Maulana Fazlur Rehman said, “Supreme Court should have limited itself to the matter of bail only; you {CJP} are hearing a second review in the Supreme Court.”
The chief justice responded by saying that this is not a second review. Maulana Fazlur Rehman then remarked, "Then this must be a re-evaluation. I am 72 years old, and this is the first time I am standing in court."
The chief justice said, "Maulana Sahib! We are not that bad. When my father passed away, your father, Mufti Mahmood, came to our home for condolences."
As the people at the rostrum started speaking simultaneously, the chief justice asked Fazlur Rehman to guide them. Fazlur Rehman replied, "This is your court; your order prevails here."
