SC says 'sect' introduced in Constitution by 'military dictator'

Justice Qazi Faez Isah argues that the word 'sect' was not in the original 1973 Constitution


Hasnaat Mailk May 20, 2015
File photo of Hazara women protesting in Quetta. PHOTO: AFP

ISLAMABAD: Supreme Court Judge Justice Qazi Faez Isah argued on Wednesday that the word ‘sect’ was not included in the original 1973 Constitution but was added later by a military dictator, referring to Ziaul Haq.

Article 227 states all existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah.

Read: SC ponders over whether Pakistan can be declared a secular state

The explanation states that in the application of this clause to the personal law of any Muslim sect, the expression 'Quran and Sunnah' means the Quran and Sunnah as interpreted by that particular sect.

He maintained that this explanation was added in 1985 and if the government wants to abolish sectarianism, it will have to go back to the original Constitution.

Agreeing with the observation, Justice Jawwad S Khawaja said that this explanation regarding the term ‘sect’ was mentioned by military dictator, referring to Ziaul Haq.

Read: 1973 Constitution an uneasy marriage between socialism and Islam, govt tells SC

Another judge, Justice Asif Saeed Khosa, while referring to Article 2-A of the Constitution remarked that if they accept the features, which are given by the Objective Resolution, then it may lead to the destruction of the other provisions of the Constitution.

Meanwhile, counsel for the federal government, Khalid Anwar told the bench that the 1973 Constitution is a political document and the lawyers have only drafted it, therefore, they cannot get supremacy over the over the politicians who founded the country.

Read: Constitution’s basic structure must be protected: Supreme Court

Justice Ejaz Afzal Khan questioned how the Parliament could suspend the people’s fundamental rights, which are guaranteed by the Constitution. The counsel said that the basic structure it is permanent and fixed.

COMMENTS (11)

Rizwan | 6 years ago | Reply secularize the constitution instead of arguing religious matters in a courtroom. That will bring more peace to Pakistan.
John B | 6 years ago | Reply @just_someone: I agree with you entirely. Unless people take constitutional matters seriously, there will not be any order. The following are the excerpts of Preamble of three constitutions for compare and contrast. The preamble to the constitution establishes the spirit of the entire text, and we can see why even today PAK is arguing on the issues of preamble. Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust; And whereas it is the will of the people of Pakistan to establish an order :- ... Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed;.....Wherein adequate provision shall be made for the minoritiesfreely to profess and practise their religions and develop their cultures; We, the People of India having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic, Republic and to secure to all its citizens; Justice, social, economic, political; Liberty of thought, expression, belief, faith and worship; Equality of status and opportunity; and to promote among them all; Fraternity, assuring the dignity of the individual and the unity and integrity of the nation ;...... Enact and Give to ourselves this Constitution. We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. In PAK constitution, the stated liberty for minorities to freely practice (now Shia also included, I guess) is at the discretion of Muslims when they provide (implicit in this word is that they can also choose not to provide) adequate (not as complete as for the Muslims) provisions. The PAK spirit itself is discriminatory and hence there is always Us Vs them provisions, and laws in PAK, and minority rights are charity given by the majority,as explicitly stated. In short, all are not equal, and the constitution establishes that in several articles. Hope ET allows this comment as this will be a good discussion under this news story.
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