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Monday, April 15, 2024

IHC declares Khatam-e-Nabuwat controversy a parliamentary failure

News Desk |

Islamabad High Court in its long awaited, detailed verdict holds the parliament as a whole responsible for the alteration in the election act 2017. The judgment delivered by Shaukat Aziz Siddiqui also specifically identified two former Federal Ministers, and Anusha Rehman and Zahid Hamid, who in their capacity as final reviewers failed to notice the controversial error.

The parliament should take concrete measures for the protection of the belief that Holy Prophet Hazrat Muhammad (SAW) is the last prophet of God.

Pml(n) had convened a committee to investigate the matter lead by Senator Raja Zafar-ul-Haq, Ehsan Iqbal and Mushad Ullah all the while, maintaining no deliberate action had been taken to effect the change in the bill.

As a consequence of the committee’s investigation, a report later came to be known as Raja Zafar-ul Haq’s report was written, the contents of which have been kept secret up until now.

Read more: Khatam-e-Nabuwat crisis continues for PML-N

Opposition parties at the time demanded transparency with regards to the report, speculating gross violations on part of PML (N). Narratives of foreign influence on parliamentary legislation also made headlines.

In repeated Interviews Raja Zafar-ul-Haq maintained that the, committee that was constituted was by no means a parliamentary committee rather an internal party committee, and thus he was not under obligation to reveal contents of report to the parliament. A concealed form of the report was submitted to Justice Shaukat Azeez Siddiqui, who at the time said that it may be made public through court order.

Justice Siddique of IHC has ordered government to make public Raja Zafar-ul-Haq’s report without any delay.

Haq’s report on the matter also held former Federal Ministers, Anusha Rehman and Zahid Hamid responsible for the alterations to the Election Act 2017.

The detailed decision consists of 172 pages, and it was written by Justice Shaukat Aziz Siddqui. It stated that “Anushe Rehman had submitted the draft of amendment after rechecking, in the 91st meeting of the Parliamentary Committee for Electoral Reforms on 29th May 2017.”

“Hamid was also member of parliamentary Committee on Electoral Reforms and Convenor of its Sub- Committee, during a meeting held on this issue, he 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 judgement further revealed.

As a consequence of the committee’s investigation, a report later came to be known as Raja Zafar-ul Haq’s report was written, the contents of which have been kept secret up until now.

Justice Siddiqui said, in his remarks that it is a big tragedy that Establishment Division is saying that they do not have any data regarding the identity of civil servants. This attitude is against the spirit and necessity of constitution of the state.

Read more: Islamabad under siege as Khatam-e-Nubuwat protest continue

“It is for 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 written order reads.

“Islam as well as the constitution of Pakistan gives complete guarantee of rights and religious freedom to all citizens including minorities. It is the obligation of every citizen that he should show his correct identity. No Muslim is allowed to conceal his identity as non-Muslim.  Unluckily, the necessary legislation did not reflect this clear cut standard, due to which not only several problems were created but also paved the way to deny the important requirements”, the decision said.

The verdict also adds that the matter of the Khatam-i- Nubuwat is the foundation of Islam. The parliament should take concrete measures for the protection of the belief that Holy Prophet Hazrat Muhammad (SAW) is the last prophet of God.

It also directs the government that an affidavit should be submitted, declaring Muslim and Non Muslim by every citizen at the time of making his birth certificate, identity card and registration of vote. Similarly, same may be taken at the time of appointment from candidates in government or semi government organizations.

“The number of those citizens is appalling who have hidden their identity in the census. There should be investigation regarding Qadyani citizens in the data of NADRA and Statistics Division. The decision also recommends that the condition of being Muslim should be declared must for the religious teachers in educational institutions”, the verdict added.