Image Sources: Geo news

Background of the Case

 On 6 February 2024, Chief Justice Qazi Faez Isa and the Supreme Court overturned the 2021 conviction of Mubarak Sani. Sani had been convicted under the Punjab Holy Quran (Printing and Recording) (Amendment) Act, 2021, for an act that allegedly happened in 2019. The Court ruled that the act was not made criminal until 2021, and ordered that Sani be immediately released.

 The decision was so controversial and ill-received that two justices filed a scathing dissent and the Solicitor General subsequently entered a brief asking the court to clarify and correct portions of the judgment.

Punjab Government’s Appeal

 On 17 August 2024, the Punjab government made its application to the Supreme Court requesting that the judgment of 24 July be modified, specifically in paragraph 9, which focuses on Article 20 of the Constitution, which provides that all citizens shall have the right to profess, practise and propagate religion, subject to public order, morality and law.

 The July 24 judgment, which emphasised the finality of prophethood in Islam, had been described by the Punjab government and religious leaders as liable to ‘serious correction’.

Hearing and Court’s Response

 The matter was reopened by a three-member court, presided over by the current chief justice of Pakistan, Umar Ata Bandial, and including the chief justice in charge at the time of the verdict, Mian Saqib Nisar. The Court invited the religious scholars Maulana Fazlur Rehman and Mufti Taqi Usmani to share their views before the Court in person and via video link.

 Specifically, Mufti Usmani contended that Paragraphs 7 and 42 contained errors and that, due to their misappropriation of legal provisions, they contained implications that were not intended.

Key Discussions

 Meanwhile, before the hearing of the case could take place, the chief justice Isa emphasised that ‘the Court must delicately balance the religious aspects of the case’ against the legal framework of the case. The Court also considered the responses to the crimes under Section 298 of the Pakistan Penal Code dealing with offences related to religious feelings.

Court’s Decision

 Following the hearing, the Supreme Court removed the contested paragraphs from the July 24 verdict and ruled that these ‘expunged paragraphs’ could not be used as precedent in future court cases. The Court’s decision satisfied the objections of the Punjab government and clerics.

Conclusion

 The revision of the Mubarak Sani verdict by the grand old court of Pakistan reflects the complex equilibrium that the country’s justice system maintains between the processes of law and the sensitivities of religion. The case indicates the contentious debates about religious freedoms and the interpretation of law that continue to rage in Pakistan. As the revision and the accompanying debate indicate, in Pakistan, the processes of law and the beliefs of religion are still engaged in an intricate, living conversation.

Sources : https://www.geo.tv/latest/560483-mubarak-sani-case-sc-omits-controversial-paras-on-govts-plea

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