In Mubarak Sani Qadiani bail case, in the review petition of the Punjab government, the Supreme Court accepted the petition of the federal government and deleted the objectionable paragraphs from the judgments of February 6 and July 24.
A three-member bench headed by Chief Justice Qazi Faiz Isa heard the review petition filed by the Punjab government in the Mubarak second bail case in the Supreme Court.
Chief Justice Qazi Faiz Isa gave a brief verdict after the arguments of scholars and representatives of religious parties.
According to the short decision, the court granted the request of the federal government and deleted the objectionable paragraphs from the decisions of 6th February and 24th July. The paragraphs which have been deleted according to the judgment shall not appear as examples in any judgment.
In the short judgment, it was stated that the court accepted the recommendations of the Council of Islamic Ideology and the opinion of the scholars.
The Supreme Court has also ordered the trial court to review the provisions of the case in accordance with the law.
The Attorney General said that when you gave the decision in the revision, the Parliament and the Ulemas contacted the Federal Government, they were told to refer to the Supreme Court through the Government. The Speaker of the National Assembly had received the letter and the Prime Minister had also given instructions. Obviously, a second revision is not possible, so it has come before you under the Civil Code. Yes, if the matter is religious, scholars should be listened to.
Chief Justice Qazi Faiz Isa said which scholars are present in the court? We want to determine who will guide us, the Chief Justice told Maulana Fazlur Rehman that there is any mistake or objection in the judicial decision, repent, we will also listen to other elders.
Maulana Mufti Taqi Usmani appeared in the Supreme Court from Turkey via video link.
During the hearing, the Chief Justice said that I am not above any mistake.
The Chief Justice said that he will not listen to any lawyer, making it clear, Taqi Usmani sir, I want to apologize, I want to clarify that we received many documents on behalf of those who had given the notice, if they were carefully examined. So maybe the whole book of the decision would have been made. I could not see all these documents. That is my mistake. Please point out the mistakes and objections in the court decision. If we do not understand anything, we will ask questions. Our country is an Islamic state. In judicial decisions, they refer to Qur’an and Hadith, I am not above any mistake.
The court decided to take the support of Mufti Taqi Usmani, Maulana Fazlur Rehman, Mufti Sher Muhammad and other scholars present in the court. Sahibzada Abul Khair Muhammad Zubair, Dr Farid Paracha of Jamaat-e-Islami will also assist the Supreme Court.
Maulana Mufti Taqi Usmani said that reform should be done with an open heart.
Maulana Mufti Taqi Usmani requested to delete two paragraphs of the Supreme Court decision, Mufti Taqi Usmani said that paragraph number 7 and 42 should be deleted. Mufti Taqi Usmani also requested for amendment of the order to remove the provisions from the case. He said that the court should leave the issue of applicability of the provisions to the trial court, the correction should be done with an open heart, the court did not take into account section 298C, if the case is such, long judgments have to be written.
The Chief Justice said that the decision of February 6 has been left behind after the review, now we should look forward, if the opinion of all the scholars were included in the decision, it would have become a book of decision.
Chief Justice said to Maulana Fazlur Rehman that Maulana Sahib thank you for coming. Maulana Fazlur Rehman said that the opinion of the Ulama and the opinion of the Islamic Ideological Council have also come out. He said that you make mistakes. I stood before a court for the first time at the age of 72. Saved, the Chief Justice said that we are not that bad, Maulana Fazlur Rahman said that today you are all redressing the grievances.
Maulana Fazlur Rehman supported Mufti Taqi Usmani’s cause. Maulana Fazlur Rehman requested that the Supreme Court review the entire decision.
Maulana Fazlur Rehman told the Chief Justice that all the reservations are before you.
Maulana Fazlur Rehman said that you are redressing the complaint, this is also a part of history.
Mubarak Sani Qadiani’s trial should continue, Maulana Fazlur Rehman
Chief Justice Qazi Faiz Isa said that you applied for review, we applied immediately. On this, Maulana Fazlur Rehman said that several hearings were held by the court, now it is a matter of review. The Chief Justice said that this is not a review, on which Maulana Fazlur Rahman said that this is the opinion of the arbitrator, if you consider Mubarak Sani as deserving of bail, it is a different matter, but all the provisions will be applied to him for his insulting actions. The decision of the committee declaring Qadianis as non-Muslims has not yet been put on the website by the parliament.
The Chief Justice said that you should raise this matter in Parliament.
Maulana Fazlur Rehman said that the trial of Mubarak Sani should continue, the views of the Islamic Ideological Council should be taken into consideration.
Sahibzada Abul Khair Muhammad Zubair said that the Supreme Court should delete paragraph 42 of the review decision.
Dr. Farid Paracha of Jamaat-e-Islami said that we have objection to paragraph 7 of the court decision. The Chief Justice said that Maulana Mufti Taqi Usmani and Maulana Fazlur Rehman should tell me if there is anything new in addition to the details.
Dr Farid Paracha said that para 37, 38, 39, 40 and 49C of the court decision should also be re-examined.
Religious scholar Dr. Attaur Rahman said in his arguments that some things are commendable and should be mentioned. completed, in the case of Mubarak Sani we hope this will be the last chance and a proper decision will come, we agree like other scholars on the suggestions of the Islamic Ideological Council, the sentiments of Muslims are connected .