Supreme Court Expunges Controversial Paragraphs from Mubarak Sani Case Verdict

Thu Aug 22 2024
icon-facebook icon-twitter icon-whatsapp

ISLAMABAD: The Supreme Court of Pakistan has approved the federal government’s appeal to expunge controversial paragraphs from its previous rulings on February 6 and July 24 in the Mubarak Sani case.

A three-member bench, led by Chief Justice Qazi Faez Isa reviewed the federal government’s appeal along with a petition from the Punjab government seeking a second review of the February 6 verdict.

In a brief ruling, the top court stated that the excluded paragraphs from the Mubarak Sani case judgment would not serve as precedents in future cases. Chief Justice Isa announced the removal of paragraphs No. 7 and 42 from the February 6 judgment.

Chief Justice Isa commented, “We can also make mistakes. If we do, they should be corrected rather than becoming an issue.”

The Supreme Court had overturned Mubarak Sani’s conviction on February 6, ruling that his alleged crime, charged under the Punjab Holy Quran (Printing and Recording) (Amendment) Act of 2019, did not constitute an offence until 2021. This led to Sani’s immediate release.

The government challenged this decision, arguing that the references to Article 20 of the Constitution needed adjustment, as citizens’ rights under this provision are not absolute but subject to law, public order, and morality.

On July 24, the Supreme Court accepted the plea and ruled that the constitutional guarantee of freedom of religion and the right to practice one’s religion are subject to law, public order, and morality.

 

icon-facebook icon-twitter icon-whatsapp