Khatm-e-Nabuwwat: IHC appoints experts in Election Act case

ISLAMABAD: To adjudicate the matter regarding the amendment in the oath of Khatm-e-Nabuwwat in the Election Act 2017, an IHC bench Wednesday appointed four religious scholars as amicus curiae including Professor Dr Hafiz Hassan Madni, from Institute of Islamic Studies, University of Punjab Lahore, Dr Mohsin Naqvi, former member Council of Islamic Ideology (CII), Prof Dr Sahibzada Sajidur Rehman, a member of CII and Mufti Muhammad Hussain Khalil Khel from Karachi.

IHC bench noted in its order that delicacy of the matter and questions involved require answers and interpretation; therefore, amicus are appointed to render their assistance.

The IHC bench has put six questions before the scholars that are: “Whether an Islamic state could introduce such a law on the basis of which a non-Muslim directly or indirectly could be considered and identified as a Muslim? Whether in an Islamic state non-Muslims could be permitted to present themselves as Muslims? If a non-Muslims conceals his identity and introduces himself as Muslim, would it come under the definition of cheating/fraud with the state? If the answers to these questions are in affirmative, then what is the responsibility of the state? Isn't it mandatory for an Islamic state to be aware about the religion and ideologies of its citizens and to put in place an effective and wholesome mechanism for such identification? Is it a violation of the fundamental rights to inquire a citizen about his religion and religious ideology?”

IHC bench has directed Deputy Attorney General (DAG) Arshad Mehmood Kiani to contact the above mentioned scholars and dispatch them copies of the writ petition, replies submitted so far and they may be inquired about their availability before the court from Monday Feb 26.

IHC bench comprising Justice Shaukat Aziz Siddiqui was hearing the petition of Maulana Allah Wasaya who has challenged the amendment in the oath of Khatm-e-Nabuwwat in Election Act 2017.

On Feb 20 federal government after strict warning issued by the court had finally submitted the report of Raja Zafarul Haq Committee that was formed to probe the issue of amendment in the election act-2017 regarding the oath of Khatm-e-Nabuwwat and to fix the responsibility as well.

From Monday onward the scholars appointed will render their assistance to the court.

Each scholar will be allocated with one day time to render his assistance. Today's hearing legal counsel for Maulana Allah Wasaya, Hafiz Arfat Ahmed could not appear before the court and sought adjournment. Whereas, IHC bench has directed that no further adjournment will be granted in this matter. The bench has also directed the counsel to conclude his argument in two days.

Petitioner Maulana Allah Wasaya has been contending before the court that an amendment was made in Election Act 2017 (EA-2017) regarding oath of Khatm-e-Nabuwwat and on hue and cry of the entire nation another amendment to the act was brought on October 19, 2017 through which sections 7B and 7C of the conduct of General Elections Order,

2002 have been revived whereas all other laws repealed through Act of October 2, 2017 still remained repealed and through an illusion, effort has been made to satisfy the citizens of Pakistan. Petitioner prayed to the court to direct Ministry of Law to immediately take all necessary measures for revival of all provisions (which were in existence prior to the promulgation of the Elections 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 –Elections Act, 2017.