Islamabad : February 23 : The Supreme Court of Pakistan (SCP) has described the ongoing campaign against the Chief Justice and the Supreme Court as regrettable and said that many misunderstandings are being created due to wrong reporting of a decision of the Supreme Court in the media.
According to a press release issued by the Public Relations Department of the Supreme Court of Pakistan, many misunderstandings are being created due to wrong reporting of a decision of the Supreme Court on electronic, print and social media.
The Supreme Court said that an impression is being given that the Supreme Court has deviated from the second constitutional amendment (definition of Muslim) and asked for the repeal of the section of the Pakistan Penal Code dealing with crimes against religion, but this impression is completely wrong. The statement said that in the case titled Mubarak Ahmed Thani v. State (Criminal Application No. (2023/L-1054 and 2023/L-1344)), the Supreme Court had declared that the allegations mentioned in the FIR of the case. Even if admitted to be true, the provisions do not apply to them, but Section 5 of the Criminal Amendment Act, 1932 applies, under which publication of prohibited books can be punished with imprisonment for a maximum of 6 months.
In this regard, it was further said that since the petitioner/accused had already spent more than one year in prison, therefore, keeping in mind the Islamic injunctions, constitutional provisions and the requirements of law and justice, the Supreme Court ordered the petitioner/ The accused was ordered to be released on bail.
The Supreme Court in its statement said that it is a pity that in such cases emotions get inflamed and Islamic rules are forgotten. In the provisions of the Constitution of the Islamic Republic of Pakistan which have been quoted regarding freedom, there is a clear limitation that these rights shall be available subject to law, public order and morals.
The statement said that in a similar case, a five-member bench of the Supreme Court had already given a detailed decision on the subject, from which there was no deviation in the present decision.
The Supreme Court said that Chief Justice Qazi Faiz Isa, in his judgments, tries to interpret all the laws in such a way that all the laws are interpreted in such a way that they are based on the verses of the Holy Quran, the hadiths of Khatam-ul-Nabib, the judgments of the caliphs and the opinions of the jurists. as required by Section 2, Section 31 and Section 227 of the Constitution of the Islamic Republic of Pakistan and Section 4 of the Sharia Implementation Act 1991.
The statement said that if anyone thinks that there has been a mistake in the interpretation of an Islamic principle or a constitutional and legal provision, then it is the responsibility of the scholars to correct it and there are constitutional and legal ways for it. .
The statement of the Supreme Court said that the Chief Justice and the Supreme Court have not stopped anyone from revision before and will not stop anyone now.
The court said that judicial decisions can be criticized in a proper manner but organized campaign against the judiciary or judges in the name or under the guise of criticism without taking the constitutional route of review is deplorable and mentioned in Article 19 of the Constitution. There is also a violation of the limits of the right to freedom of expression and this may harm the pillar of the Islamic Republic of Pakistan on which the Constitution has placed the responsibility of protecting the rights of the people.
It should be remembered that the law enforcement agencies took immediate action and detained the accused who was running a malicious campaign against the Chief Justice.
The accused Abdul Wase, a resident of Rawalpindi, had impersonated the Chief Justice on social media and threatened, and today the court approved the 2-day physical remand of the accused. The court handed over the accused Abdul Wase to the FIA cyber crime wing. Earlier last month, the Ministry of Home Affairs, taking notice of the ongoing campaign against the judges on social media, constituted a JIT headed by Additional Director FIA Cyber Crime Wing to prevent the campaign.