IHC asks citizens to declare religion

The Islamabad High Court has declared that a faith affidavit must be submitted to apply for all government, semi-government institutions, including judiciary, armed forces and civil services. A single bench of IHC comprising Justice Shaukat Aziz Siddiqui on Friday announced its verdict on Maulana Allah Wasaya's petition challenging the amendment to the oath of Khatm-e-Nabuwwat (finality of Prophethood) in the Election Act 2017.
Justice Shaukat Aziz Siddiqui directed the Parliament to make necessary legislation and also introduce requisite amendments in the existing laws to ensure that all the terms specifically used for 'Islam' and 'Muslims' are not used by the persons belonging to any of the minorities for hiding their real identity or for any other purpose.
He noted in his short judgment, "The matter of absolute and unqualified finality of Prophethood of Muhammad (Peace Be Upon Him), the last of the prophets, is the nucleus of our religion."
The IHC bench said that nobody should be permitted to conceal his or her real religious faith and for getting CNIC, passport, birth certificate, entry in voter list, appointment in judiciary, armed forces and civil service, an affidavit must be sworn by the applicant based on definition of Muslim and non-Muslim provided by Article 260 (3) (a) (b) of the Constitution. Appointment of a non-Muslim on constitutional posts is against our organic law.
He ordered the National Database Registration Authority (NADRA) to fix time duration for any citizen who intends to make correction or change in the already given particulars, especially religion.
The IHC bench declared it mandatory for all the institutions to engage Muslim teachers for teaching Islamiat/Diniyat as subject. The court directed the government to take special measures ensuring availability of correct particulars of all the citizens so that it should not be possible for any citizen to hide his/her real identity and recognition.
Furthermore, it added that the government shall also take immediate steps to conduct an inquiry concerning alarming and visible difference in the population record of Ahmadis available with Nadra and figures collected through the recent census.
Data of 1998 census revealed that population of Ahmedis was recorded as 286,212 while data provided by Nadra revealed that just over 167,000 Ahmedis were registered in Pakistan and 10,205 have changed their religious status from Muslim to Ahmedis.
The IHC verdict said, "It is binding on the state to take care of the rights, feelings and religious beliefs of the Muslim Ummah and to also ensure the protection of rights of minorities in the light of teachings of Islam."
Justice Siddiqui noted in the judgment that soon after the emergence of legal default in the Election Act 2017, the Parliament by its collective wisdom and understanding displayed complete sensitivity towards the matter of Khatm-e-Nabuwwat and brought it in conformity with the requirements. "These matters demand such sensitivity and unity," he stated.
The bench lauded Senator Raja Zafarul Haq's report into the Khatm-e-Nabuwwat controversy. It maintained, "Senator Raja Zafarul Haq is well known for his legal acumen as lawyer and experienced legislator ... with his honesty and wisdom he handled all the points very comprehensively, which annulled all the negative impressions."
"It is mandatory for every Muslim to guard and protect this nucleus," he maintained and added that other than the protection of the basic belief of Khatm-e-Nabuwwat, the Parliament being the guardian of religious core should also take measure which can completely terminate those who scar this belief.
Justice Siddiqui said that appointment of a non-Muslim on constitutional posts is against the organic law and rituals. He said that non-Muslims do not qualify to be elected on certain constitutional offices. For most of the institutions including Parliament, he explained, there are reserved seats for minorities.
"When any member of the minority group conceals his/her religion and belief through fraudulent means ... is actually an open defiance to the words and spirit of the Constitution," noted the judgment. "To prevent this disobedience, the state needs to take immediate measures," maintained Justice Siddiqui.
He observed in the verdict that minorities residing in Pakistan hold a separate identification in reference to their names and identity but according to the Constitution, one of the minorities does not hold a distinct identification due to their names which leads to crisis.
"Due to their names they can easily mask their belief and become part of Muslim majority," he said adding, "[and] they can gain access to dignified and sensitive posts resulting in accumulation of all benefits." He continued that it is mandatory for every citizen to get their identity with authentic particulars and no Muslim is permissible to disguise his/her identity as non-Muslim and no non-Muslim has the right to appear as a Muslim.
"Any citizen who does so, will betray the state resulting in exploiting the Constitution," Justice Siddiqui observed. The bench said that Islam and Constitution provide complete religious freedom and basic rights of the minorities (non-Muslims), adding it is the duty of the state to protect their life, wealth, property, dignity and assets as citizens of Pakistan. "It is the basic duty of every citizen to be faithful to the state and abide by the rules of law and Constitution," he said.
Seven religious scholars have rendered their assistance in this matter as amicus curiae (friends of the court / assistance) including Professor Dr Hafiz Hassan Madni, Institute of Islamic Studies, University of Punjab Lahore, Dr Mohsin Naqvi, ex-member Council of Islamic Ideology (CII), Professor Dr Sahibzada Sajidur Rehman, member COII, Mufti Muhammad Hussain Khalil Khel from Karachi, Akram Sheikh Advocate, Dr Aslam Khaki Advocate and Babar Awan Advocate.
Almost all the scholars submitted before the court that concealing real faith is a crime and fraud with the state. Reuters adds: Human rights advocates say the Islamabad High Court's verdict is another blow for the country's "persecuted" minority communities.
If no appeal is launched, the court's directives will have to be followed. The vast majority of Pakistan's 208 million people are Muslims, with minorities accounting for about 3 percent of the population, according to a 1998 census.
The judge "is not only attacking everybody's religious freedom in Pakistan but he is also focusing on one particular sect, which is the Ahmadis," said Human Rights Watch representative Saroop Ijaz. "A judgement like this would enable and incite violence."
The order was issued as a result of a petition brought forward by Tehreek-e-Labaik in connection with a change in wording to an electoral law.
The government blamed the change on a clerical error and swiftly restored the original format.
Last year, Tehreek-e-Labaik shut down the nation's capital for nearly three weeks with protests against the change.
Seven people were killed and nearly 200 wounded in a failed police bid to disperse protesters, leading the government to give way to their demand that a minister accused of blasphemy resign.
"All his (the judge's) specific instructions are about ensuring and finding out who is an Ahmadi," human rights lawyer Jibran Nasir told Reuters, adding that the order would automatically provide the government with specific lists about who belongs to which minority group.
"Every day they are being institutionally reminded that they are a minority," he added. "It is a bigoted order."