ISLAMABAD: The Supreme Court Monday sought the assistance of the Council of Islamic Ideology (CII) and other schools of thought in Mubarak Ahmad Sani case.
A three-member bench of the apex court — headed by Chief Justice Qazi Faez Isa — heard the review Punjab government’s petition against the decision. Justice Muhammad Ali Mazhar and Justice Musarrat Hilali were the two other bench members.
The court accepted the plea of Jamaat-e-Islami (JI) for making it a party to the review petition. The court declared that the bail issue was between the accused and prosecution and therefore no third party would be heard to that extent; however, any institution or individual could assist the court on the constitutional and religious aspect of the matter apart from the above-mentioned petitioners.
The court directed Darul Uloom Karachi, Jamia Naimiyyah Karachi, Jamiat Ahl Hadith Lahore, Quran Board and Jamia Al Mantazar to send one copy of the decision and held that if the said institutions wanted, they should assist the court on the constitutional and religious aspect of the matter and submit a written opinion.
The chief justice remarked that the purpose of revision was to correct the mistake. He said if a mistake had been made, then it could be corrected.
“We have to look at the constitutional and religious aspect. I am not afraid of you people, but above, there will be exemption here but above will not be exempted,” the CJP remarked.
Representing Jamaat-e-Islami, Shaukat Aziz Siddiqui Advocate submitted that they had filed an application for becoming a party to the instant review petition.
The chief justice said the court will hear him on the constitutional aspect of the case. “We will hear only the relevant parties on the merits of the case.”
The chief justice said there were institutions like the Quran Academy Karachi and they will get assistance from them too. Siddiqui read out the explanatory statement of the Supreme Court in the matter on the direction of the court.
The chief justice told Shaukat Aziz Siddiqui remarked that it would not be good if the scholars of different schools-of-thought and the parties were notified. “We will send the written decision to them. If they think there is any religious error in it, then they should give an answer,” the CJP said.
Siddiqui suggested the court to take the opinion of the CII in the matter adding that a notice should also be send to Mufti Muneeb-ur-Rehman. The chief justice said that whoever wanted to guide could do so but to the extent of the court’s decision.
The chief justice said even in the institutions, the opinions of personalities were different. Referring to the incident of killing of a Sri Lankan citizen, the chief justice said such incidents do not happen in an Islamic state adding that protection should be provided to everyone in an Islamic state.
The chief justice said they were looking at the Islamic and constitutional aspect, adding that the time to listen to the Qadianis was yet to come. Addressing Siddiqui, the chief justice said he was happy that Siddiqui had read his decision.
“Collect all my decisions in which I have referred to Islamic orders on various issues. The environment is being destroyed. What does Islam say about the environment?” the CJP told Siddiqui.
The chief justice said when schools were destroyed and women were not allowed to study, then why don’t they come to the court. “When they do not allow women to study, they actually violate the command of Allah, the first word that came down was Iqra,” said the chief justice. Meanwhile, the court directed that the written replies be submitted within two weeks of receiving the notices and directed for fixing the case for hearing after three weeks.
