Amendment to oath of Khatm-e-Nabuwwat: IHC gets Raja Zafarul Haq report

ISLAMABAD: The federal government on Tuesday submitted the Raja Zafarul Haq Committee report to the Islamabad High Court (IHC) after the bench threatened that the prime minister would be summoned in person if the report was not furnished till 1:00pm.

The bench, comprising Justice Shaukat Aziz Siddiqui, was hearing a set of petitions against the Tehreek Labbaik Pakistan (TLP) for its Nov-Dec Faizabad dharna, and also a petition filed by Maulana Allah Wasaya.

Allah Wasaya has challenged an amendment to the oath of Khatm-e-Nabuwwat (SAW) in the Election Act 2017. The bench separated the two cases, observing that the Supreme Court was already hearing a suo moto case against the dharna.

The bench will hear the petition against amendment to the Election Act, 2107 on day-to-day basis.

Earlier, when the hearing started in the morning, the bench asked the deputy attorney general (DAG) about the Raja Zafarul Haq Committee report. The DAG sought one day (to submit the report) but the court refused to give more time.

Justice Siddiqui said if the report was not submitted till 1:00pm then he would be constrained to summon the prime minister and issue contempt of court notices to the interior and law ministers.

The DAG said the prime minister had no concern with the report. The judge asked how the premier had no concern with the report, as he was the country’s chief executive. “There can be no compromise on the issue of Khatm-e-Nabuwwat (SAW). You should realise the sensitivity of the issue instead of playing games with the court,” said Justice Siddiqui.

The DAG said the report could not be submitted due to some miscommunication and sought one day time. The judge however remarked that it was a lame excuse and told the DAG that he was giving misstatements time and again.

At 1:00pm, however, the report was submitted to the judge in a sealed envelope. Justice Siddiqui said the report shall remain sealed till further orders. He directed the petitioner's counsel to continue arguments in this matter on daily basis.

Raja Zafarul Haq committee was formed to probe the issue of amendment to the Election Act, 2017 and to fix responsibility. In his petition, Maulana Allah Wasaya contends that an amendment was made to the Election Act 2017 (EA-2017) that dealt with the oath of Khatm-e-Nabuwwat (SAW) that was nullified through another amendment whereas all other laws repealed through the Act of October 2, 2017 still remained repealed.

The petitioner prays to the court to direct the Ministry of Law & Justice to immediately take all necessary measures for revival of all provisions (which were in existence prior to the promulgation of Election Act, 2017) relating to Qadiani group/Lahori group in their entirety with a further direction to the said respondent to ensure that all such provisions have been made part of the primary legislation i.e. the Elections Act, 2017.