ISLAMABAD: While announcing the long-awaited verdict in a case related to changes in the Khatm-e-Nabuwwat clause, Justice Shaukat Aziz Siddiqui of the Islamabad High Court (IHC) on Wednesday held the parliament as a whole and a former federal minister responsible for the controversial changes in the Elections Act, 2017.
“It is for the parliament which can explain the real intent but prima facie it appears that a deliberate and motivated effort was made by the draftsmen of the bill to bring Qadianis in the loop of majority in order to diminish their separate identity as non-Muslims. I observe with great concern that all the members of the National Assembly as also the senators (without distinction of parties) failed to identify the motive, lacuna and an effort to frustrate constitutional amendment through simple enactment which is not permissible under the law,” the 172-page written order reads.
The court also ordered for Senator Raja Zafarul Haq’s report to be made public.
“Zahid Hamid, who was also member of the Parliamentary Committee on Electoral Reforms and convenor of its sub-committee, during a meeting held on the issue admitted to the fact that basically it was his primary responsibility to see that the draft does not contain anything controversial but somehow he felt that he failed to perform his duty despite his legal acumen; experience and command of language,” the order stated.
“It has come to the court’s knowledge that the committee had to circulate with its annexure, the revision, however, the convenor of the subcommittee asked the NA officials to not circulate the said record. In view of the above-mentioned facts, it is obvious that it was a failure on such a sensitive and sacred issue, on part of Zahid Hamid, the convenor of the sub-committee, member of the Parliamentary Committee on Electoral Reforms and federal minister for Law and Justice,” Justice Siddiqui said in the order.
On the role of parliament, the court noted that when the final draft was sent to the Parliamentary Committee on Electoral Reforms for final approval, the members who represented all the parliamentary parties did not notice any changes related to the Khatm-e-Nabuwat clause.
The order said that the court “in the larger interests of the country is avoiding disclosing the names of many who held high positions in the bureaucracy, judiciary, military, naval and air forces and other sensitive and important institutions while hiding their real religious identities as part of the Ahmadi community as it would bring a bad taste”, adding that the practice ‘has to be brought to a halt’.
The order went on to say, “Every citizen of the country has right to know that the persons holding key posts belong to which religious community; the persons scheming syllabus for their children profess what religious beliefs; the persons formulating their policies tend to hold their beloved Prophet (PBUH) in what esteem; the persons believed to be the ambassadors and representatives of their Islamic ideology … last but not the least, the defenders in whose hands the defence of Islamic Republic of Pakistan rests belongs to which religion? This was the responsibility of the State, and the federal government in particular, but it has badly failed to discharge it.”
The court observed that parliamentarians had failed to identify the motive, lacuna and an effort to frustrate the constitutional amendment. However, soon after it was pointed out, the parliament, in its collective wisdom and understanding, made it conform to the requirements of the Constitution
Justice Siddiqui ordered that an affidavit must be sworn by applicants of the computerised national identity card (CNIC), passport, birth certificate, electoral rolls, and appointment in government and semi-government institutions especially the judiciary, armed forces and civil services. The court declared that appointment of non-Muslims to constitutional posts is against organic law and rituals. Non-Muslims do not qualify to be elected to certain constitutional offices, Justice Siddiqui stated, adding that there are seats reserved for non-Muslims (minorities) in most institutions, including parliament. “When any member of the minority group conceals his/her religion and belief through fraudulent means… is actually an open defiance to the words and spirit of the Constitution,” the judge stated. To prevent this disobedience, the state must take immediate measures, he declared, adding that a citizen doing so would betray the state, resulting in exploitation of the constitution.
Justice Siddiqui observed that minorities residing in Pakistan hold a separate identification in reference to their names “but one of the minorities did not hold a distinct identification due to their names and general attire, according to the Constitution.” “These matters demand such sensitivity and unity,” he stated. “Due to their names they can easily mask their belief and become part of Muslim majority,” he stated, “[and] they can gain access to dignified and sensitive posts resulting in accumulation of all benefits.”
The IHC ruled that parliament may make necessary legislation and amendments to the existing laws to ensure that all the terms specifically used for ‘Islam’ and ‘Muslims’ were not used by the persons belonging to any of the minorities for hiding their real identity or for any other purpose. “The matter of absolute and unqualified finality of Prophethood of Muhammad (PBUH), the last of the prophets, is the nucleus of our religion,” the order stated.
It asked NADRA to fix a timeframe for citizens who intended to make corrections or changes to their existing particulars, especially religion. The court also advised all the institutions to engage Muslim teachers for teaching Islamiat/Deenyat as a subject.
Justice Siddiqi asked the government to take immediate steps to conduct an inquiry concerning the ‘alarming and visible difference’ in the population record of the Ahmadi community available with NADRA and figures collected through recent census.
“It is binding on the state to take care of the rights, feelings and religious beliefs of the Muslim Ummah and to also ensure the protection of rights of minorities in the light of teachings of Islam being the religion declared by the constitution of the country,” Justice Siddiqui stated.
Published in Daily Times, July 5th 2018.
