CII may take suo moto notice to review 21st Amendment

ISLAMABAD: Chairman of the Council of Islamic Ideology (CII) Maulana Muhammad Khan Shirani on Tuesday said that the Council would review the 21st Amendment to the Constitution which gives constitutional cover to the special military courts to hold the trial of terrorists.
“The government did not seek our guidance on the legislation but the council can still review the amendment even it is passed by the two houses of Parliament,” said Maulana Shirani, while addressing a press conference after chairing a debate on ‘Study of 1973 Constitution of Pakistan for establishing Islamic Laws’.
Shirani said that the CII could take suo moto notice of any law or legislation or the government could also send the draft of any bill even after it is passed by parliament.He said that participants of the debate that included religious scholars from different schools of thought and lawyers leaders also proposed that the CII recommendations should be sought on establishment of military courts and the 21st Amendment to the Constitution.
Maulana Shirani said the debate on ‘Study of 1973 Constitution of Pakistan for establishing Islamic Laws’ was held on a six-point agenda. The agenda also included discussion to see whether an exemption of certain laws from Article 8 of the Constitution which relates to fundamental rights clashes with the United Nations charters and agreements on human rights.
It may be pointed out that the Pakistan Army Act, 1952, Pakistan Air Force Act, Pakistan Navy Ordinance and Protection of Pakistan Ordinance, 2014 have also a place in the First Schedule of the Constitution where the Article 8 does not apply.
Other points on the agenda of the debate included study of Islamic clauses of the Constitution, status of other Articles in the light of Article 2 (a) of the Constitution, to ensure that any law introduced in parliament does not clash with Quran and Sunnah, identification of Articles of the Constitution which are against the Islamic laws, study of Chapter 9 of the Constitution, study of Article 8 (3) of the Constitution.
During the debate, the participants observed that the CII had the right to recommend amendments in the Constitution and it should be made mandatory on the members that any bill which they are going to move in parliament does not clash with Holy Quran and Sunnah.
The participants also observed that the discretion being enjoyed by the president of Pakistan and governors to pardon a punishment where Hudood and Qisas are concerned are un-Islamic. They also proposed that Faith on Khatam-e-Nubawwat (SAW) should be made part of oaths of ministers, Speaker National Assembly, chiefs of armed forces and those holding other key posts.
Maulana Shirani maintained that the CII would continue to send its recommendations to parliament till two houses are functioning and carrying out legislation.The debate was participated by Maulana Shirani, Senator Raja Zafarul Haq, Barrister Zafarullah, Justice (retd) Raza Khan, Juctice (retd) Amjad Ali, Mufti Munibur Rehman, lawyers representatives Kamran Murtaza, Yasin Azad and Zia Awan, Hafiz Ikramul Haq, Mufti Muhammad Ibrahim Qadri and others.