Friday April 12, 2024

JI moves SC to become party in Punjab govt’s plea in Mubarak Sani case

By Sohail Khan
February 25, 2024

ISLAMABAD: Jamat-e-Islami (JI) on Saturday approached the Supreme Court to be impleaded as party in a review petition of the Punjab government seeking recalling of the apex court order passed on February 6 allowing the appeal of Mubarak Ahmed Sani.

JI Ameer Sirajul Haq filed an application in the apex court under Order 33 Rule 6 of the Supreme Court Rules 1980 in the review petition of the Punjab prosecutor general.

Jamaat-e-Islami (JI) Amir Sirajul Haq addresses a gathering on Dec 8, 2023. —Facebook/Jamaat -e- Islami Pakistan
Jamaat-e-Islami (JI) Amir Sirajul Haq addresses a gathering on Dec 8, 2023. —Facebook/Jamaat -e- Islami Pakistan

A three-member bench of the apex court headed by Chief Justice Qazi Faez Isa the other day had accepted the review petition of the prosecutor general and had issued notice to Attorney General of Pakistan for February 26.

The prosecutor general had filed a review petition under Article 188 of the Constitution seeking recalling of the apex court order passed on February 6 whereby the court had allowed the appeals of Mubarak Ahmed Sani and the order passed by the Lahore High Court dated October 16, 2023 was set aside.

The review petition had sought modification of the judgment on the ground that in para 9 of the judgment, the finding of the apex court regarding Article 20 of the of the Constitution needs to be modified to the extent that the rights of the citizens as envisaged under the said Article are not absolute and subject to law, morality and public order.

In his application filed through advocate Shaukat Aziz Siddiqui, the JI Ameer Sirajul Haq submitted that the party strives to promote harmony, justice, peace and tranquility in Pakistan based on the principles of Islamic teachings.

It was contended that persons belonging to minorities are also the members of the applicant’s organization, adding that the network of charity and social work by the name of Al-Khidmat Pakistan owned by the applicant has esteem reputation domestically and internationally.

“The applicant believes in service to humanity and tolerance in accordance with the injunctions of Islam demonstrated by the Holy Prophet Muhammad (SAW),” Siraj submitted.

He further submitted that the JI was not a party to the proceedings, however, certain observations, directions, and findings recorded in the order had caused disturbance, unrest and emotional disorder amongst the public at large who believed that their faith and religious feelings had been hurt by the order passed by the court.

The JI Ameer submitted that there was a prevailing sentiment that the recent observations made by the court had deviated from the longstanding constitutional commands and jurisprudence with regard to the extent of freedom of faith to be observed by the Qadianis.

“This court was gracious enough to take note of the situation and through press release issued on 22.02.2024, the court’s recognition of the right to assist for correction indicates that individuals who believe there was an error in the interpretation of an Islamic principle or legal provision have a legitimate avenue to seek clarification or resolution,” Siraj submitted, adding that this highlights the court’s commitment, openness and resolve to address concerns and ensuring justice, which is highly commendable.

He further submitted that as the government of Punjab had filed a review with limited scope, specifically seeking an amendment to paragraph 9, he strongly believed that an in-depth analysis and comprehensive review of the order was required for which applicant sought permission of impleadment and right of audience.

“The findings of the apex court directly impact the free exercise and preservation of their faith and the holy Quran,” Siraj submitted, adding that his presence before this court would be with an intent and object to assist this court to rectify her error, which was floating on the surface of the record.

He further submitted that he genuinely believed that paras 06 to 10 were liable to be modified, as same travelled beyond the constitutional mandate and jurisdiction bestowed upon the court, and the order had the effect of impairing the constitutional guarantees provided to the people of Islamic Republic of Pakistan through the Constitution.

The JI Ameer prayed the apex court to allow his application and he may be allowed to be impleaded, join the proceedings with a right of audience.