‘Which Islam allows blockade of roads, use of abusive language?’

ISLAMABAD: Questioning which Islam allows blockade of roads and use of abusive language, the Supreme Court on Tuesday took notice of the Islamabad sit-in by religious parties that has paralysed the twin cities of Rawalpindi and Islamabad and caused severe hardships to dwellers of the cities for the last 15 days.

A two-member bench of the apex court, headed by Justice Mushir Alam while hearing a separate case, took notice of the fundamental rights being usurped by the clerics the Tehreek-e-Khatm-e-Nabuwwat, Tehreek-e-Labbaik and the Sunni Tehreek in the twin cities.

During the hearing, AOR Rafaqat Hussain Shah sought an adjournment in the case, saying Ibrahim Satti, learned counsel for the petitioner, will not attend the court solely on the ground that he resides in the vicinity where the area was blocked by the protesters.

The court sought the assistance of Deputy Attorney General Sohail Mahmood, who stated that on account of the sit-in, he himself was facing tremendous difficulties while approaching the court and he left his home at 6:30am to reach the court. The court issued notices to secretaries defence, interior, and advocate general, Punjab.

The court in its order directed the attorney to file comments of the Ministry of Defence and interior, intelligence agencies under their respective ministries, including Intelligence Bureau (IB) and Inter-Services Intelligence (ISI), and to submit what, if any, measures had been taken to ensure that the constitutional rights of citizens of Pakistan are protected and enforced and in accordance with law. The court further ruled it appears that at the hands of a few miscreants, Islamabad and Rawalpindi are being held hostage whilst the state functionaries appear to be parleying with them rather than clearing the way for the public, who are being denied access to courts, schools, etc.

It has also been reported that access of ambulances and patients to hospitals is impeded. The court noted that the leaders of dharna are also reported to be using abusive language. It said the prevailing It said the prevailing situation demonstrates that the matter is one of public interest and a number of fundamental rights of the citizens enshrined in the Constitution including right to life, freedom of movement, right to education are prima facie being infringed which enables the court to take notice under Article 184(3) of the Constitution. It further said those in dharna or ostensibly advocating a religious cause without recourse to the courts including the Federal Sharait Court and by taking the law into their own hands and by sowing divisions and differences against the clear proscription by Almighty Allah in Surah Ash-Shura (42) Ayat (13), Surah Al-Imran (3) Ayat 103 and 105.

“Prophet Muhammad (Peace Be Upon Him) expanded on the Divine message, warning: ‘Do not engage in disagreement thereby causing discord among your hearts,’” says the order. The court further ruled that when two Muslims were loudly arguing in disagreement about the meaning of the Quranic verse, the Prophet (PBUH) said; “People before you perished only because of their disagreement about the scripture”. In his famous sermon delivered at Mount Arafat, the Prophet (PBUH) said: “Every Muslim is a Muslim brother and that Muslims are brethren.” The Prophet (PBUH) abhorred dissension. Shortly before his death, the Prophet (PBUH) said, “Oh people, the fire has been kindled, and dissension has set in like segments of a dark night,” the court noted and ruled that the question, therefore arises whether those voicing such views in the sit-in are attempting to undermine the glory of Islam (Article 19) and acting contrary to Article 227 of the Constitution.

Earlier, during the hearing, Justice Qazi Faiz Isa questioned as to which Islam allows blockade of roads and causing hardships to the people and further asked which Islam allows using of such abusive language being used in the sit-in. He further questioned as to which Shariah and religion allows blockade of roads and causing hardships to the people. Justice Isa observed that Article 14 of the Constitution ensures free movement of the people, adding that blocking roads and disrupting free movement of dwellers of the twin cities of Rawalpindi and Islamabad is violation of fundamental rights. Meanwhile, the court sought replies form the federal government until tomorrow (Thursday).