SC expunges all ‘controversial paragraphs’ from its previous Mubarak Sani order

Apex court rules that expunged paragraphs cannot be used as a judicial precedent in future

ISLAMABAD:

The Supreme Court of Pakistan has accepted the federal government's appeal for corrections in the Mubarak Sani review decision, expunging all ‘controversial paragraphs’ from its previous order.

The court ruled that the exounged paragraphs cannot be used as a judicial precedent.

The court removed paragraphs 7, 42, and 49-C from the review decision, following requests from religious scholars present in court.

The removed paragraphs mentioned the banned book and proselytisation activities of the Ahmadi community. During the hearing, Maulana Fazlur Rehman advised the court to limit its role to granting bail.

The Supreme Court clarified that the federal government had sought a review of the decision and considered recommendations from the Council of Islamic Ideology (CII).

Earlier, the court had sought the assistance of religious scholars, including Mufti Taqi Usmani and Maulana Fazlur Rehman, on the matter. Chief Justice Qazi Faez Isa, who led the three-member bench, asked the scholars to identify any errors in the decision. The scholars requested either a revision of the ruling or its annulment.

Mufti Taqi Usmani, participating via video link from Turkiye, recommended the removal of paragraphs 7 and 42, citing concerns over the interpretation of proselytisation. The court acknowledged these concerns and sought further input from other scholars.

The Attorney General informed the court that parliament and religious scholars had urged the federal government to request the Supreme Court's intervention, as a second review was not feasible under civil procedure.

Chief Justice Isa stated, "I pray after every namaz that no wrong decisions are made," highlighting the importance of judicial integrity. He also expressed respect for parliament, referencing his attendance at its 50th anniversary.

The court concluded by emphasising that the paragraphs removed from the Mubarak Sani review decision are not to be used as precedents in future cases.

Mubarak Ahmad Sani had been accused and convicted under the Punjab Holy Quran (Printing and Recording) (Amendment) Act, 2021. However, his offence occurred before the law was enacted, leading to his bail and release. The Punjab government filed a review petition seeking modifications to clarify constitutional rights concerning law, public order, and morality.

On July 24, the Supreme Court upheld the petition, asserting that religious freedom and the right to profess religion are subject to laws, morality, and public order. The Council of Islamic Ideology later raised concerns, urging the court to reconsider its decision.