Feb 22, 2024
Bilal Baseer
ISLAMABAD:
The Supreme Court of Pakistan’s decision to grant bail to a person associated with the Ahmadiyya community has triggered protests from various religio-political groups in the country.
Accusations of promoting ‘Qadianiat’ have been levelled against the two-bench judge panel, including Chief Justice QaziFaez Isa and Justice MusarratHillali, who issued the order two weeks ago, following an appeal against a Lahore High Court verdict.
The Supreme Court granted bail to Mubarak Ahmad Sami on February 8, 2024.
The case revolves around a legal complaint filed on December 6, 2022, in Chiniot, Punjab, against five persons, including a woman associated with the Ahmadiyya community. The complainant, Muhammad Hassan Mawaiyah, who was the secretary-general of the TahaffuzKhatm-e-Nabuwwat Forum, alleged that during the annual ceremony of Al-Hifz Ayesha Academy in March 2019, a banned commentary on the Quran, Tafsir-e-Saghir, was distributed among students.
The complainant argued that the distribution of the prohibited commentary violated Article 295-B, 295-C of the Constitution, and the Quran Act.
Following the registration of the case in December 2022, the police arrested accused Mubarak Ahmad Sami on January 7, 2023.
After Sami’s arrest, the additional sessions judge and later the Lahore High Court rejected the bail application filed by the accused. The matter reached the Supreme Court, which, on February 6, 2024, ruled in favour of Sami, granting him bail in exchange for a bond of Rs5000.
According to the Supreme Court’s decision, there were three primary charges against the accused. The first charge was related to the distribution of Tafsir-e-Saghirunder Section 7 and 9 of the Punjab Quran (Printing and Recording) Act 2010. The second charge was under Section 295-B for blasphemy against the Quran, and the third charge under Section 298-C for individuals associated with the Ahmadiyya religion representing themselves as Muslims.
During the court proceedings, two issues were presented before the Supreme Court. The first was the accused’s request for bail after arrest and the second was related to the removal of the individual charges against the accused.
The defense argued during the case hearing that the FIR filed against the accused on December 6, 2022, alleged that the accused had distributed Tafsir-e-Saghirin 2019, which falls under the Punjab Printing of the Quran Act. However, distributing such a commentary was prohibited after 2021. Therefore, if anyone distributes such a commentary after 2021, it would be considered a criminal offense.
According to the court’s decision, timely filing of crimes cases in courts is essential while, in this case, filing an FIR in 2022 for allegations dating back to 2019 was deemed less significant.
The Supreme Court stated in its decision that Article 12 of the Constitution of Pakistan is clear that no one can be punished for an act that was not a crime under the law at the time of its commission.
The Chief Justice wrote in the decision that although distributing Tafsir-e-Saghirin 2019 was not a crime, the accused could not be charged under the Punjab Printing of the Quran Act.
The Supreme Court also mentioned that there were no charges related to blasphemy against the Quran or falsely representing oneself as a Muslim in the FIR or police report. Therefore, the court dismissed both charges.
In response to the verdict, JamiatUlema Islam Chief MaulanaFazalurRehmancriticized the decision, stating it goes against Islamic Sharia and the Constitution. He was followed by other religious leaders in criticizing the decision.
This caused frenzy on social media,with some using inappropriate language for CJP.
The Human Rights Commission of Pakistan (HRCP) expressed deep concern over the social media campaign targeting Chief Justice QaziFaez Isa. It emphasized the judgment protects the constitutional rights of religious minorities and called for restraint against those fueling the campaign.
YaqoobBangash, an academic based in Lahore, and Asad Ali Toor, a journalist via X highlighted the need to condemn false narratives and uphold the judgment.
Meanwhile, law enforcement agencies claimed to have arrested a man behind the malicious social media campaign against the CJP.Sources said that Rawalpindi-based resident, Abdul Wasay, has been apprehended for orchestrating a threatening campaign against the CJP. They revealed that Wasay engaged in a malicious campaign targeting the CJP on X (formerly Twitter), including direct threats as well as participating in character assassination on social media platforms.
Investigations are currently underway to identify other individuals involved in the campaign. Authorities have emphasized that strict legal measures will be taken against all individuals involved in the threatening campaign once they have been identified.