SC alarmed over smear drive against CJ

Blames media for insensitive reporting of judgment

ISLAMABAD:

The Supreme Court on Thursday deplored “unfortunate” criticism aimed at it over a judgement ordering the release of a person accused of distributing supposedly proscribed religious literature.

In response to an escalating online campaign targeting Chief Justice of Pakistan Qazi Faez Isa, the Supreme Court issued a clarification about a recent verdict involving a man accused of committing blasphemy.

The campaign gained momentum following the CJP’s remarks in the blasphemy-related case that surfaced online.
In the judgment, CJP Isa underscored Holy Prophet Muhammad's (PBUH) duty to convey the message of the Almighty without enforcing belief in it.

Citing verses from the Holy Quran, the chief justice emphasised Islam's fundamental tenets, notably the freedom of faith.
"Sadly, in matters of religion, tempers flare up, and the mandate of the Holy Quran is forsaken," the CJP noted, acknowledging the sensitivity surrounding religious issues.

The case involved the deletion of charges against a person accused of committing blasphemy, including Sections 7 and 9 of the Punjab Holy Quran (Printing and Recording) Act, 2011, as well as Sections 298-C and 295-B of the Pakistan Penal Code (PPC).

The top judge stressed the need for caution in religious matters. He regretfully noted that emotions often overrode facts in cases related to religious offences.

The court granted bail to the petitioner, Mubarak Ahmed Sani, upon providing a personal bond of Rs5,000.

A statement released by the top court addressed concerns over the misreporting by the media.

"Misreporting of a Supreme Court decision on electronic, print and social media is creating a lot of misunderstandings and giving the impression that the Supreme Court has deviated from the Second Constitutional Amendment (definition of ‘Muslim’) and has called for the abolition of provisions on 'crimes against religion'. This perception is completely wrong,” it read.

"In the case concerned, even if the allegations mentioned in the FIR are accepted as true, even then the provisions do not apply [to them]. In such cases, Section 5 of the Criminal Amendment Act, 1932 applies, under which publication of prohibited books can be punished with imprisonment for a maximum of six months,” it elaborated.

"Since the petitioner/accused has already spent more than one year in prison, the Supreme Court, keeping in view Islamic injunctions, constitutional provisions and the requirements of law and justice, ordered the release of the petitioner/accused on bail.”

The statement continued to outline CJP Isa's approach to judicial interpretation, stating that he tried to interpret all laws in accordance with Islamic rules, reasoning from the verses of the Holy Quran, Hadiths, decisions of the Caliphs, and the opinions of the jurists.

"If one believes that there has been a mistake in a judicial decision in the interpretation of an Islamic principle or a constitutional or legal provision, then it is the responsibility of the learned people to correct it. There are constitutional and legal avenues for [this purpose]. The chief justice and the Supreme Court have not stopped anyone before from a review, nor will they stop it now."

The statement also condemned “organised campaign” against the judiciary, asserting that criticism should carried out while pursuing legal avenues. It warned against violating the right to freedom of expression, emphasising the judiciary's role in protecting the rights of the people in the Islamic Republic of Pakistan.

The controversy surrounding CJP Isa's observations escalated as several political parties in the country, including the PTI, JUI-F, and Jamaat-e-Islami joined the campaign.

These parties have actively called for CJP Isa to reconsider his verdict in the specific case, adding a political dimension to the already charged discourse on the matters of faith.

Meanwhile, the Pakistan Bar Council (PBC) strongly condemned the “malicious and slanderous campaign” against the CJP.

“The campaign designed to bring the Supreme Court into disrepute and make the Chief Justice of Pakistan vulnerable is based on deliberating attempting to distort a decision of the Supreme Court,” the PBC said in a statement.

Moreover, the law enforcement agencies apprehended Abdul Wasay, a resident of Rawalpindi’s Pandora area, for launching a threatening campaign on the social media against CJP Isa.

Wasay, participating in a vile and threatening campaign against the chief justice on social media platform X, was involved in the top judge’s character assassination as well.

The arrest of Wasay signalled the government's commitment to curbing illegal activities on the social media.

The ongoing process of identifying and taking legal action against other individuals involved in the social media campaign against the CJP emphasised the authorities' dedication to maintaining law and order as well as safeguarding the principles of justice in the country.