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ISLAMABAD: The Supreme Court sought the help of religious institutions in Mubarak Ahmed Sani case, and directed the SC office to send a copy of its order dated February 6 to the Council of Islamic Ideology (CII) and others for their opinion.

A three-judge bench, headed by Chief Justice Qazi Faez Isa and comprising Justice Musarrat Hilali and Justice Irfan Saadat, on Monday, heard the Punjab government’s petition.

Among others to whom the Court directed to send its order’s copy include Jamia Naeemia, Karachi, Jamiat Ahle Hadith, Lahore, Jamia Tul Muntazar, Lahore, and Quran Academy, Karachi.

‘No mention of certain words of Article 20’: SC to hear Punjab govt’s plea seeking review of order tomorrow

The chief justice said anybody else who wanted to give an opinion on the instant matter could do so by filing a written submission.

During the proceeding, Maulana Tahir Ashrafi, Ameer Jamaat-e-Islami 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’s order.

A two-judge bench of the Supreme Court on the appeal of Mubarak Ahmed Sani vs State on February 6 declared that even if the allegations in the FIR of the case are accepted in letter and spirit then these provisions (mentioned in FIR) are not applied on the accused.

Advocate Shaukat Siddiqui informed the bench that the JI has filed an application in the case. The JI petition stated he has no doubt in his mind that the impugned order is not travelling on some motivation rather a 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.

Copyright Business Recorder, 2024

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