Mubarak Sani case: SC removes controversial paragraphs on govt’s plea

The Supreme Court of Pakistan on Thursday accepted the federal government’s plea and removed controversial paragraphs 7, 42 and 49-C from its previous verdict in Mubarak Sani case, GTv News reported.

A three-member bench headed by Chief Justice Qazi Faez Isa and comprising Justice Irfan Saadat Khan and Justice Naeem Akhtar Afghan, heard the Centre’s plea seeking a second review of the top court February 6 verdict.

The decision, announced by Chief Justice Qazi Faez Isa, said that the court has not exceeded its jurisdiction. CJP ISA clarified that the court cannot present the relevant controversial paragraphs as judicial precedents.

“Paras excluded from the verdict cannot be cited as precedent in any judgment,” the top court said in its short verdict.

Earlier, the Supreme Court had sought guidance from religious scholars, including Mufti Taqi Usmani and Maulana Fazlur Rehman, in response to the Punjab government’s review petition. The hearing took place with a three-member bench led by Chief Justice Qazi Faez Isa.

Mufti Taqi Usmani, who is currently in Turkiye, participated via video link, while Maulana Fazlur Rehman, the Attorney General, and other experts were present in court.

Mubarak Sani case

Mubarak Ahmad Sani was previously convicted under the Punjab Holy Quran (Printing and Recording) (Amendment) Act, 2021, but his offense occurred prior to the law’s enactment, leading to his release on bail.

However, the Punjab government sought to modify the court’s decision through a review petition, aiming to clarify the balance between constitutional rights and the need to maintain law, public order, and morality.

On July 24, the Supreme Court upheld the petition, ruling that the fundamental rights of religious freedom and the right to profess one’s religion are indeed subject to reasonable restrictions imposed by law, morality, and public order.

Nevertheless, the Council of Islamic Ideology later expressed concerns over the decision, urging the court to reconsider its stance and ensure that it aligns with Islamic principles and values.