Election Act 2017: IHC maintains stay order on Finality of Prophethood (SAW) clauses
 

ISLAMABAD: The Islamabad High Court (IHC) on Friday maintained the stay order on the clauses pertaining to the Finality of Prophethood (SAW) of Election Act 2017 and expressed its astonishment at the contradiction in the number of Qadianis as according to the 1988 census, there were 286,212 Qadianis in Pakistan; whereas, according to the recent statistics provided by National Database Registration Authority (Nadra) 167,000 persons are registered as Qadianis.
It is to mention here that the IHC has requisitioned details of the recent 2017 census from the federal government. However, Deputy Attorney General Arshad Mehmood Kayani submitted to Justice Shaukat Aziz Siddiqui that the data is being compiled and it will be finalised by the end of April this year.
Amicus curiae Akram Sheikh, advocate, here on Friday rendered his assistance to the court in the matter of Khatm-e-Nabuwwat and said the Qadianis cannot pose themselves as Muslims to avail certain benefits. Akram Sheikh said in the second constitutional amendment to Article 260 in the Constitution of Pakistan, a ?Muslim? and ?Non-Muslim? was defined and persons belonging to the Qadiani group were expressly declared to be non-Muslims. The Article 106 of the Constitution was also amended to include persons of the Qadianis, Ahmedis or Lahori Group amongst minorities for the purpose of allocation of seats. Further amendments to various statutes were made through the Anti-Islamic Activities of the Qadianis Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance of 1984. Specifically, the 1984 Ordinance inserted Section 298-B and 298 - C in the Pakistan Penal Code, 1860.
Akram Sheikh said in order to obtain a passport or a CNIC, every Muslim individual has to sign a declaration that he believes in the absolute finality of the Prophethood of Hazrat Muhammad (SAW). He, however, said he could not find any provisions or requirements to declare or disclose religion themselves. He added a citizen belonging to a minority in the Islamic Republic of Pakistan is already entitled to adequate protection under the law and the Constitution. Hence, neither can a member of a majority group nor can a member of a minority group change sides to avail himself of the benefits accorded to the sects other than its own, and if this is done, it is tantamount to a plain fraud on the law, liable to be visited with penalties provided under the law. It should be clearly understood that Qadianis, Ahmedis and Lahori group are admittedly a distinct and separate religious (minority) sect, having been declared as such by the Second Constitutional Amendment, followed by corresponding changes brought about in the law. They themselves consider and declare members of other sects of Islam as non-believers/non-Muslims. Therefore, the constraint for respecting one another?s feelings is mutual and reciprocal.
In response to a question that Qadianis joining Pakistan?s civil services posing themselves as Muslims, advocate Sheikh Akram said the laws and amendments may be rendered more effective by bringing about administrative changes at the grassroot level, such as inserting a requirement to filing a declaration by the competing candidates for civil services? posts and exams. Such a requirement is not entirely alien to our state institutions, as it is already a prerequisite for induction into the military service in Pakistan.
The IHC bench was hearing in the petition of Maulana Allah Wasaya, who has challenged the amendments to the oath of Khatam-e-Nabuwwat in Election Act 2017.
The petitioner, Maulana Allah Wasaya, has been contending before the court that an amendment was made to the Election Act 2017, regarding the oath of Khatam-e-Nabuwwat. And on raising hue and cry of the entire nation, another amendment to the act was brought on October 19, 2017, through which sections 7B and 7C of the conduct of General Elections Order, 2002, were revived. Whereas, all other laws repealed through Act of October 2, 2017, still remained repealed and through an illusion, an effort has been made to satisfy the citizens of Pakistan.The petitioner prayed to the court to direct the Ministry of Law and Justice to immediately take all necessary measures for revival of all provisions (which were in existence prior to the promulgation of the Elections Act, 2017) relating to the Qadiani group/Lahori group in their entirety with a further direction to the said respondent to ensure that all such provisions have been made a part of the primary legislation i.e. the Elections Act, 2017. Further hearing will be held on March 5.

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