The Supreme Court of Pakistan on Wednesday accepted the federal government’s appeal for corrections in the Mubarak Sani review decision, expunging all ‘controversial paragraphs’ from its previous order amid protest by religious parties.
The court ruled that the expunged 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.
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.
Reacting to the development, Maulana Fazlur Rehman, the head of Jamiat Ulema-e-Islam (JUI-F), announced a nationwide ‘Day of Gratitude’ to be observed on Friday, following the Supreme Court’s acceptance of a review petition in the Mubarak Sani case.
Speaking to the media in Islamabad on Thursday, Fazlur Rehman expressed his thanks to the Supreme Court and parliament, stating, “Tomorrow, we will observe Friday as a day of gratitude. On this day in 1974, the National Assembly unanimously passed a resolution and amendment declaring Ahmadis and Lahoris as a minority. Today, the entire nation is celebrating the Golden Jubilee of this decision at Minar-e-Pakistan, Lahore.”
He emphasised that the day will be commemorated as a ‘day of victory,’ adding that the Supreme Court’s ruling has further amplified the significance of this Golden Jubilee. “The people of Pakistan will now participate with renewed vigour and a victorious spirit,” he remarked.
Fazlur Rehman reaffirmed, “No power in the world can conspire against the belief in the finality of Prophethood (PBUH), nor will their conspiracies succeed. This is the unanimous voice of the entire nation. While we recognise their human rights, it is essential that they acknowledge and abide by Pakistan’s Constitution.”