The Supreme Court has decided to seek the assistance of Mufti Taqi Usmani, Maulana Fazlur Rehman, and other scholars in the Mubarak Sani case, following the Punjab government’s review petition.
According to Express News, the hearing of Punjab government’s review petition against the Mubarak Sani case decision has commenced. Mufti Taqi Usmani, currently in Turkiye, participated via video link, while Maulana Fazlur Rehman, the Attorney General, and other experts were present in court.
The three-member bench, led by Chief Justice Qazi Faez Isa, is presiding over the case.
The Attorney General stated that after the initial decision in the Mubarak Sani case, Parliament and scholars had contacted the federal government, requesting the matter be referred back to the Supreme Court.
The Speaker of the National Assembly and the Prime Minister had also issued directives, emphasizing that further review is not feasible, thus the petition has been filed under civil procedure.
The Attorney General noted that notices had been issued to all parties, who have appeared in court or via video link. Given the religious nature of the matter, the court has decided to hear from the scholars.
Chief Justice Qazi Faez Isa expressed a personal hope in every prayer that no wrong decisions be made, emphasizing the importance of integrity in judicial decisions. He acknowledged Parliament’s role and mentioned attending Parliament on its 50th anniversary.
The Supreme Court has decided to consult with Maulana Fazlur Rehman, Mufti Sher Muhammad, and other scholars present in court.
Jamaat-e-Islami’s Fareed Paracha will also assist the court. Although Mufti Taqi Usmani was requested for assistance from Turkey, and Mufti Munib ur Rehman was asked to attend, he did not come. However, Mufti Munib’s representative confirmed that he had been sent on his behalf.
Mubarak Ahmad Sani, was accused of an offence in 2019 and subsequently convicted under the Punjab Holy Quran (Printing and Recording) (Amendment) Act, 2021.
The offence with which the defendant was charged had not been criminalised until 2021. As a result, Sani was granted bail, and his immediate release was ordered.
Following this decision, a campaign was launched against CJ Isa, despite the Supreme Court issuing a clarification regarding the order.
The Punjab government quickly filed a review petition against the February 6 order, arguing that paragraph 9 of the order, which pertained to Article 20 of the Constitution, needed modification to clarify that the rights of citizens, as envisaged in the Constitution, are not absolute but are subject to law, public order, and morality.
On July 24, the Supreme Court accepted the Punjab government’s review petition and declared that the right to profess religion and religious freedom, as guaranteed by the Constitution, is subject to laws, morality, and public order.
Later, the Council of Islamic Ideology (CII) also raised concerns about several reasons cited by the Supreme Court in its July 24 verdict on the Mubarak Ahmad Sani case and has urged the judges to reconsider their decision.
