Case Details

Citation(s)
2019 SLG 705 2019 SLD 705 2019 PLD 62
Islamabad High Court
Writ Petition Nos. 3862, 3847, 3896 and 4093 of 2017,decision Dated: 04-07-2018. Dates of hearing: 22nd, 23rd,26th, 27th, 28th, February, 1st, 2nd, 5th, 6th, 7th and 9thMarch, 2018.
SHAUKAT AZIZ SIDDIQUI, JUSTICE
Petitioners by:Muhammad Tariq Asad, Advocate Supreme Court (in W.Ps. Nos.3847 and 4093 of 2017).Hafiz Farmanullah, Syed Muhammad Iqbal Hashmi, Advocate/Intervener and Ms. Ameer Jahan alias Bisma Naureen Internener. (In all Cases).
Respondents by:No

MULANA ALLAH WASAYA AND OTHERSVSFEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF LAW AND JUSTICE AND OTHERS

Law: Constitution of Pakistan, 1973

Section: 5,260(3)

Law: Pakistan Penal Code, 1860

Section: 298B,298C

Law: Elections Act, 2017

Section: 48A,60(2),110(2)

Law: Constitution (Second Amendment) Act, (XLIX of 1974)

Section: 2,3

(a) Constitution of Pakistan--- ----Art. 260(3)---Members of Qadiani/Ahmadi group---Main beliefs of Qadianis summarized. (b) Constitution of Pakistan--- ----Art. 260(3)---Constitution (Second Amendment) Act (XLIX of 1974), S. 3---Qadiani/Ahmadi group---Historical account of intrigues against Islam and the state of Pakistan by the Qadiani/Ahmadi group during post-partition period and the consequential Second Amendment in the Constitution declaring them as non-Muslims stated. (c) Penal Code (XLV of 1860)--- ----Ss. 298B & 298C---Anti-Islamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance (XX of 1984), Preamble---Constitution of Pakistan, Art. 260(3)---Qadiani/Ahmadi group---Historical background of circumstances that led to the addition of Ss. 298B and 298C in the Pakistan Penal Code, 1860, restraining Qadianis from directly or indirectly posing themselves as Muslims or calling their faith as Islam stated. Mujib-ur-Rehman and 3 others v. Federal Government of Pakistan and others PLD 1985 FSC 8 and Mirza Khurshid Ahmad and another v. Government of Punjab and others PLD 1992 Lah. 1 ref. (d) Constitution of Pakistan--- ----Art. 260(3)---Members of Qadiani/Ahmadi group---Adverse political and social implications of Qadiani movement on Islam as viewed by Allama Dr. Muhammad Iqbal stated. (e) Elections Act (XXXIII of 2017)--- ----Ss. 48A, 60(2) & 110(2)---Conduct of General Elections Order (7 of 2002), Arts. 7B & 7C---Elections (Amendment) Act (XXXV of 2017), Ss.2 & 3---Elections (Second Amendment) Act (XXXVII of 2017), Ss.2 & 3---Constitution (Second Amendment) Act (XLIX of 1974), S. 3---Nomination forms for contesting General Elections and elections to the Senate---Changes made to the declaration/oath relating to Khatam-e-Nabuwat in the nomination forms by the Elections Act, 2017---Deliberate and motivated effort was made by the draftsmen of the bill of the Elections Act, 2017 to bring Qadianis in the loop of majority (Muslims) in order to diminish their separate identity as non-Muslims---All the members of the National Assembly and the Senators failed to identify the motive, lacuna and an effort to frustrate the Second…
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