The Supreme Court of Pakistan has recently revisited its February 6th decision in the Mubarak Ahmad Sani case, following a contentious legal journey that sparked public debate and criticism against Chief Justice Qazi Faez Isa.
The original decision had overturned the conviction of Mubarak Sani under the Punjab Holy Quran (Printing and Recording) (Amendment) Act of 2021, citing that the alleged offense occurred in 2019, when it was not yet a punishable offense.
In response to the Punjab government’s plea for review, the apex court clarified in its 27-page judgment that while the Constitution guarantees the right to profess religion and ensures religious freedom, these rights are subject to the principles of law, morality, and public order. This revision aimed to address concerns raised about the absolute nature of religious freedoms as interpreted in the earlier ruling.
The review process involved extensive deliberation, with input sought from religious institutions such as the Council of Islamic Ideology and various Islamic seminaries across the country. The judgment underscored the foundational belief in the finality of Prophethood in Islam, reinforcing the essential tenets of the faith as derived from the Quran and Hadith.
Moreover, the court acknowledged procedural deviations in granting audience to entities not party to the original proceedings, which was a departure from standard practice. Despite these deviations, the judgment stressed the judiciary’s commitment to upholding constitutional principles and the rule of law, emphasizing that judicial authority does not extend to legislative functions reserved for parliament.
The decision also highlighted the ethical teachings of Islam, particularly the directive to treat adversaries with kindness and compassion, echoing the Quranic principle of Rahmatul-lil-Alameen (Mercy to All Creation) attributed to the Prophet Muhammad (PBUH).
In conclusion, the Supreme Court’s reevaluation sought to rectify perceived errors in the earlier judgment, ensuring alignment with legal precedents, constitutional mandates, and the ethical foundations of Islam. This process underscored the judiciary’s role in safeguarding both legal principles and public trust in the administration of justice.
