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Top Court accept Punjab govt’s application for verdict revision of Mubarak Sani case

ISLAMABAD: The Supreme Court of Pakistan (SCP) has accepted the petition for verdict revision filed by the Punjab government in Mubarak Ahmed Sani case.

A three-member bench of the apex court, headed by Chief Justice Qazi Faez Isa, heard the revision request of the Punjab government. Additional Prosecutor General Punjab Ahmed Raza Gillani submitted before the court that Article 20 of the Constitution did not fully explain in paragraph number nine of the Mubarak Sani case’s verdict. He said that due to lack of explanation in the court decision, a wrong impression taken. At this, the chief justice said when Article 20 was mentione, there was no need for explanation.

The CJP, addressing the counsel for the Punjab government, said “if you say, then we explain that according to Article 20, religious freedom is subject to public order and morality”.

The chief justice said a notice would have to be issue for clarification in revision.

Meanwhile, the court adjourned the hearing till February 26 after issuing a notice to the attorney general and other parties on the review of the Punjab government.

The Punjab prosecutor general had filed a review petition under Article 188 of the Constitution seeking recalling of the apex court order, passed on February 6 whereby the court had allowed the appeals of Mubarak Ahmed Sani and the order passed by the Lahore High Court on October 16, 2023 was set aside.

The Punjab prosecutor general sought modification of the judgment on the ground that in para 9 of the judgment, the findings of the apex court regarding Article 20 of the of the Constitution needed to be modify to the extent that the rights of citizens as envisaged under the said Article are not absolute and subject to law, morality and public order.

It prayed that the Supreme Court may kindly review and modify the judgment under review in the interest of justice.

Chief Justice Qazi Faez Isa and Justice Musarat Hilali issued written order in the petition filed by Mubarak Ahmed Sani against the orders dated 16-10-2023and 27-11-2023, respectively of the Lahore High Court, Lahore passed in Crl. Revision No. 68011/2023 and Crl. Misc. No. 41772-B/2023).

The petitioner sought the deletion of certain charges from the charge framed against him. He was charge for three offences pursuant to the case arising out of FIR No. 661/22 registered against him on 6 December 2022, at Police Station Chenab Nagar, District Chiniot

The three offences for which the petitioner is charged were under: (a) Section 7, read with Section 9 of the Punjab Holy Quran (Printing and Recording) Act, 2011, (b) under Section 298-C of the Pakistan Penal Code, 1860 (‘PPC’), and (c) under Section 295-B of the PPC. 2.