Supreme Court
On Thursday, the Supreme Court issued a corrected judgment in the Mubarak Sani case, responding to an application from the Federation of Pakistan and the Punjab government that sought amendments to the original ruling handed down on July 24, 2024.
This revised judgment comes in light of concerns raised by religious scholars regarding specific paragraphs in the earlier decision.
The court recognized the application, which pointed out issues with paragraphs 7, 42, and 49 (c) of the July judgment. Prominent religious figures, including Mufti Muneebur Rahman and Hafiz Naeemur Rahman, were present during the proceedings to voice their dissatisfaction with the religious implications stemming from the contested paragraphs.
After careful consideration of the scholars’ arguments, the Supreme Court agreed to remove these contentious sections from both the February 6 and July 24 judgments, highlighting that this was not merely a procedural fix but a comprehensive response to the scholars’ concerns.
The revised judgment explicitly states that the previously cited paragraphs are not to be used as legal precedents in future cases. Additionally, the trial court has been instructed to adjudicate the case strictly according to the law, without any influence from the deleted content.
This emphasizes the court’s commitment to ensuring that legal decisions remain unbiased and grounded in law rather than external religious interpretations.
Moreover, the ruling underscored the importance of taking into account recommendations from the Islamic Ideological Council concerning related issues, demonstrating the court’s sensitivity to the interplay between law and religious perspectives.
The advocates representing the scholars unanimously agreed that a complete rewriting of the judgment was essential to prevent further confusion and misinterpretation.
The Mubarak Sani case has its roots in March 2019, involving allegations against members of the Ahmadiyya community in Punjab for distributing a controversial commentary on the Quran titled “Tafseer-e-Sagheer.”
This led to legal actions based on various provisions, including the Punjab Qur’an (Printing and Recording) Act of 2010, which imposes penalties on non-Muslims for distorting Quranic interpretations.
Mubarak Ahmad Sani was arrested in January 2023 for his alleged role in disseminating this commentary, facing substantial legal challenges.
His appeals for bail were initially denied by both the Additional Sessions Judge and the Lahore High Court.
However, on February 6, 2024, the Supreme Court granted him bail, igniting widespread protests and criticism from various religious groups.
In light of the public outcry and the complexities surrounding the case, the Supreme Court’s latest ruling aims to clarify the legal landscape and address the concerns raised by religious authorities.
As the judicial process continues, stakeholders closely monitor the implications of the revised judgment on ongoing legal proceedings, hoping for a resolution that respects both the law and the sensitivities of religious communities.
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