The Supreme Court has approved the federal government’s request to remove controversial paragraphs from the Mubarak Sani case verdict.
A three-judge bench led by Chief Justice Qazi Faez Isa, with Justices Irfan Saadat Khan and Naeem Akhtar Afghan, heard the Centre’s appeal alongside a petition from the Punjab government for a second review of the Supreme Court’s February 6 decision.
Earlier this year, the Supreme Court had granted the petition of sacrilege accused Maubarik Ahmad Sani to have certain charges removed from his indictment and challenged the Lahore High Court’s orders from October 16, 2023.
On July 24, the court ruled on the provincial government’s review petition filed under Article 188 of the Constitution, stating that it had not diverged from previous decisions by the Federal Shariat Court (FSC) and the Supreme Court in granting bail to the accused.
However, this ruling sparked significant backlash from religious communities and led to a debate in the National Assembly’s Standing Committee on Law and Justice. Both the ruling and opposition parties agreed that the federal government should petition the Supreme Court for reconsideration.
In response to the controversy, the Punjab government filed a petition seeking the removal of certain sections from the July 24 verdict. Additionally, on August 17, the Centre submitted a similar plea following directives from Prime Minister Shehbaz Sharif.
The Punjab government argued that prominent clerics and members of parliament had urged the federal government to address parts of the verdict they believed needed correction. They contended that some conclusions and observations in the judgment were errors and inconsistent with earlier Supreme Court rulings.
Among those who requested the federal government’s intervention were Jamiat Ulema-e-Islam Fazl’s Maulana Fazlur Rehman and Mufti Muhammad Taqi Usmani of Jamia Darul Uloom Karachi, both of whom attended today’s hearing.
In a brief ruling, the Supreme Court stated that the removed paragraphs could not be used as legal precedent in future cases.
During the hearing, Chief Justice Isa remarked, “If we make a mistake, it should be corrected,” and apologized to Mufti Usmani, who attended the session via video link, for not being able to review all the documents provided by those served notices.
The Chief Justice asked Usmani to identify any “mistakes” and “objections” in the verdict. “Our country is an Islamic state where judicial decisions reference the Quran and Hadith. I am not immune to making mistakes,” said CJ Isa.
The court agreed to consult Usmani, Fazl, and other religious scholars on the issue. Mufti Usmani requested the removal of paragraphs 7 and 42 from the verdict and amendments to the part where charges against the accused were omitted.
Fazl also supported Usmani’s request and advocated for the revision of the entire Supreme Court verdict. He stated, “If you believe Mubarak Sani deserves bail, that is one matter, but all charges related to his blasphemous actions must be upheld.”
