ISLAMABAD: The parliament must ensure protection of finality of Prophethood (SAW) as nobody should be allowed to conceal his/her real religious faith and for getting CNIC, passport, birth certificate, entry in voters list, appointment in judiciary, armed forces and civil services, an affidavit must be sworn by the applicant based on definition of Muslim and non-Muslim provided by Article 260(3)(a)(b) of the Constitution. The appointment of a non-Muslim on constitutional posts is against our organic law, it held.
This was declared by Justice Shaukat Aziz Siddiqui of the Islamabad High Court (IHC) here on Friday who released a short order while hearing the amendment to the oath of Khatam-e-Nabuwwat in the Election Act 2017. The detailed judgment will be issued later on. Justice Siddiqui allowed the petition of Maulana Allah Wasaya in a five-page short order.
During the hearing, it emerged that several people after retirement changed their religious status from Muslim to Qadiani while many others also changed their religious status at different times. Nadra provided a figure of 10,205 such persons who had changed their religion after retirement.
Moreover, the IHC bench was told that as per the 1998 census, there were 286,212 Qadianis in Pakistan while Nadra submitted the recent record according to which over 167,000 persons were registered as Qadianis. In this regard, the IHC has directed Nadra to fix a time duration for any citizen who intends to make correction or change in the already given particulars, especially religion.
The bench said the government shall also take immediate steps for conducting inquiry concerning alarming and visible difference in the population record of Qadianis/Ahmadis available with Nadra and the figures collected through recent census in this regard. The parliament should do a legislation and also do requisite amendments to the existing laws to ensure that all the terms which are specifically used for 'Islam' and 'Muslims' are not used by the persons belonging to any of the minorities for hiding their real identity or for any other purpose, the IHC bench said. Today's order further said directed that for teaching Islamiat/Denyat, all the institutions should ensure that the teachers are Muslims.
A sworn affidavit about the faith, must be made mandatory for registration of the persons and it should also be a requirement for appointments against all government and semi-government institutions especially judiciary, armed forces and civil services, the IHC said.
The bench has directed that government of Pakistan shall take special measures ensuring availability of correct particulars of all citizens so that it should not be possible for any citizen to hide his/her real identity and recognition. It is binding on the state to take care of the rights, feelings and religious beliefs of the Muslims and also to ensure the protection of rights of the minorities in the light of the teachings of 'Islam' being the religion declared by the Constitution of the country.
The IHC order reads that "the matter of absolute and unqualified finality of Prophethood of Muhammad (Peace be Upon Him) the last of the prophets (Khatm-e-Nabuwwat) is the nucleus of our religion. In history, countless attacks were made on the subject. It is mandatory for every Muslim to guard and protect this nucleus. The Parliament being a highly prestigious institution and a representative of the Pakistani nation, is the guardian of this religious core. In this scenario, it is the right of the Muslim majority to expect proper awareness and sensitivity. Other than the protection of the basic belief of Khatam-e-Nabuwwat, Parliament should also take measures, which can terminate those who scar this belief".
The IHC said that Islam and the Constitution of Islamic Republic of Pakistan provided complete religious freedom, including all basic rights of the minorities (Non-Muslims). It is the duty of the state to protect their life, wealth, property, dignity and protect their assets as the citizens of Pakistan. Under Article 5 of the Constitution, it is the basic duty of every citizen to be faithful to the state and abide by the rules of law and the Constitution. This rule also applies on those who are not Pakistani citizens, but living presently in Pakistan.
It is mandatory for every citizen of Pakistan to get their identity with authentic particulars. It is not permissible for the Muslims to disguise his/her identity as a non-Muslim and no non-Muslim has the right to appear as a Muslim. Any citizen who does so, will betray the state resulting in exploiting the Constitution.
Definition of Muslims and non-Muslims is written in Article 260(3)(a)(b) of the Constitution which is signified by national consensus. Unfortunately, according to this distinct standard vital legislation could not take place. Consequently, a non-Muslim minority disguises as Muslim majority by hiding their real identity and betraying the state, due to which not only complications were born but also paves way to oppose extremely important Constitutional requirements. According to the report of the Establishment Division there is no data of civil servants related to this, which is alarming and a major setback and it is also against the spirit and requirements of the Constitution.
Most of the minorities residing in Pakistan hold a separate identification in reference to their names and identity but according to the Constitution, one of the minorities do not hold a distinct identification due to their names and general attire which leads to crisis. Due to their names they can easily mask their belief and become part of the Muslim majority. Also they can then gain access to dignified and sensitive posts resulting in accumulation of all benefits.
It is significant to prevent this situation because the appointment of a non-Muslim on the Constitutional posts is against our organic law and rituals. Similarly, non-Muslims do not qualify to be elected on certain constitutional offices. For most of the institutions/departments including the membership of Parliament, there are reserved seats for the minorities. That is why when any member of the minority group conceals his/her true religion and belief through fraudulent means, and present him/herself as a part of Muslim majority which is actually an open defiance to the words and spirit of the Constitution. To prevent this disobedience, the state needs to take immediate measures.
The IHC bench lauded the efforts of the Parliament that took immediate steps when an amendment was made to the oath of Khatam-e-Nabuwwat. The IHC order said that this fact is applausable, that soon after the emergence of legal default in the Election Act, 2017 the Parliament by its collective wisdom and understanding displayed complete sensitivity towards the matter and brought it in conformity with the requirements. These matters demand such sensitivity and unity. The IHC bench has also appreciated the report of Raja Zafarul Haq Committee. Its order said that Senator Raja Zafarul Haq is well known for his legal acumen as a lawyer and experienced legislator as well who by chairing the committee made a very commendable report. Moreover, with his honesty and wisdom he handled all the points very comprehensively, which annulled all the negative impressions. Now, it is for Parliament to further deliberate on the issue or not.
The order said that it is mandatory for the state to safeguard the sentiments and religious beliefs and also protect the rights of minority according to the religion of the state of Pakistan "Islam" declared by the Constitution of Pakistan.
No doubt the purpose of these measures is to save the society from chaos and also to protect the rights of minorities who have a separate religious identity according to the Constitutional guarantees which they deserve being a citizen of Pakistan.
During hearing into this matter, the IHC bench had observed that September 1974 legislation declaring Qadianis non-Muslim has certain lacunas in it. In this matter the bench heard seven religious scholars who rendered their assistance in this matter as amicus curiae (friends of the court/assistance) including Professor Dr Hafiz Hassan Madni, Institute of Islamic Studies, University of Punjab, Lahore, Dr Mohsin Naqvi ex-member Council of Islamic Ideology (CII), Professor Dr Sahibzada Sajid ur Rehman, CII member, Mufti Muhammad Hussain Khalil Khel from Karachi, Akram Sheikh advocate, Dr Aslam Khaki and Babar Awan advocates. Almost all the amicus curiae apprised the court that concealing real faith is a crime, and act of cheating and fraud with the state.
The IHC bench also lauded the role of amicus curiae and legal experts who rendered their valuable assistance and helped the court in reaching the conclusion.
The petitioner, Maulana Allah Wasaya had contended that an amendment was made to 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 were 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. The petitioner had prayed to the court to direct the Ministry of Law and Justice 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 i.e. the Elections Act, 2017.
