Mubarak Sani Case: SC expunges controversial paragraphs

Islamabad: Accepting the suggestions of religious scholars, Supreme Court of Pakistan agreed to expunge the controversial paragraphs in Mubarak Sani case.

SC on Thursday heard an urgent petition of Punjab government, seeking the removal of some paragraphs of its July 24 verdict in Mubarak Sani case. 

A three-member bench headed by Chief Justice Qazi Faez Isa took up the matter. The other members include Justice Irfan Saadat Khan and Justice Naeem Akhtar Afghan.

On Feb 6, a two-judge bench of the Supreme Court, headed by Chief Justice Qazi Faez Isa, annulled the conviction of Mubarak Sani, who had been charged in 2019 under the Punjab Holy Quran (Printing and Recording) (Amendment) Act.

The court observed in its ruling that the offense for which the defendant was convicted was not actually criminalized until 2021. As a result, the Supreme Court ordered the petitioner’s immediate release.

This decision sparked what was described by the government and legal circles as a “malicious and defamatory campaign” against the chief justice, leading the Supreme Court to issue a public clarification.

On July 24, the Supreme Court, after considering the appeals from the Punjab government and other parties, reportedly affirmed that the constitutional right to religious freedom is indeed subject to legal, moral, and public order constraints.
However, during today’s hearing Chief Justice Qazi Faez Isa stated, "I am not above making mistakes. Our country is an Islamic state, which is why we refer to the Quran and Hadith in judicial decisions. After every prayer, I only pray that no wrong decision is made. Please point out any errors or objections in the court's decision."

Attorney General Mansoor Awan requested that they should now focus on moving forward. He suggested that, since the matter is religious, the scholars should be consulted. After the court's decision in the review of the Mubarak Sani case, the Parliament and religious scholars contacted the federal government, advising them to approach the Supreme Court through the government.

The Supreme Court decided to seek assistance from Maulana Fazlur Rehman, Mufti Sher Muhammad, and other scholars present in the court. Abu al-Khair Muhammad Zubair and Jamaat-e-Islami's Fareed Paracha will also assist the court.

During the hearing, Allama Taqi Usmani assisted the court and requested the removal of two paragraphs from the decision. He asked for paragraphs 7 and 42 to be deleted.