In response to the allegations of alleged blasphemy against the superior judiciary, the Supreme Court has issued a statement, saying that several misunderstandings are being created on one of its decisions.
An impression is being created that the Supreme Court has deviated from the Second Constitutional Amendment related to the definition of "Muslim" and asked for abolishing the provisions of collective punishments related to crimes against religion. “This impression is absolutely incorrect,” it says.
The court had, in fact, declared that if the allegations mentioned in the FIR of the case were accepted as they were, even then those provisions could not be invoked, rather, Section 5 of the Criminal Law Amendment Act of 1932 applied in this case, according to the statement. Under this provision, the publication of prohibited books can be punished with imprisonment of up to six months.
The accused had already spent more than a year in prison. Therefore, keeping in mind Islamic laws and constitutional provisions, an order had been issued to release him on bail.
“It is unfortunate that in such cases, emotions get inflamed and Islamic laws are forgotten,” the declaration stated. “It is in this context that verses from the holy Quran have been mentioned in the judgment.”
The declaration further says that as per the Constitution, every citizen shall have the right to follow, practice and express any religion. According to the Constitution, every religious group and every sect will have the right to establish religious institutions and manage them, it says further.
In a similar case, a five-member bench of the Supreme Court has already given a detailed decision and the current decision does not deviate from it.
Chief Justice of Pakistan Qazi Faez Isa tries to reason in his decisions from the holy Quran and Ahadith that an implementation of all laws is adopted in a way that is in accordance with Islamic conjunctions, as is required under sections 2, 31 and 227 of the Constitution and Section 4 of the Implementation of Sharia Law, 1991.
The SC says that if someone thinks there has been a mistake in a court decision, then it is the responsibility of the scholars to correct it. The chief justice and the Supreme Court have not stopped anyone from filing a review nor will they do now.
“Court decisions can also be criticized in an appropriate manner,” the declaration states.
It then regretted the organized campaign against the judges and the judiciary in the name of criticism without adopting the constitutional path of a review plea. It called such a campaign a violation of the right to freedom of expression mentioned in Article 19 of the Constitution.
Action against spread of misleading news
Meanwhile, the Islamabad police has said that the decision of the Supreme Court is being presented incorrectly. It warned that action would be taken against those spreading misleading news. “Any action can be criminalized according to the law in force at the time,” it has declared.
The police said that some elements were trying to disrupt public order on the basis of rumours. "The Islamabad police will take strong action against such elements."
It further said that Section 144 was enforced in the capital city and action would be taken on any violation.
