globallegalforum: by Yasser Latif Hamdani: Supreme Court hears the Ahmadi Supplementary Lists Petition
Background:
Through the 2nd Amendment in 1974, in what would be the most blatant case of a majoritarian bill of attainder, the Ahmadi sect- including both its sub-sects Qadiani and Lahori groups- was declared out of the pale of Islam. Here is the text of this amendment:
The following Act of Parliament received the assent of the President on 17th September,1974, and is hereby published for general information:-Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing ;
It is hereby enacted as follows:-
1- Short title and commencement.
(1) This Act may be called the CONSTITUTION (SECOND AMENDMENT) ACT, 1974
(2) It shall come into force at once.
2- Amendment of Article 106 of the Constitution.
In the Constitution of Islamic Republic of Pakistan, hereinafter referred to as the Constitution in Article 106, in clause (3) after the words “communities” the words and brackets “and persons of Quadiani group or the Lahori group (who call themselves ‘Ahmadis’)” shall be inserted.
3- Amendment of Article 260 of the Constitution.
In the Constitution, in Article 260, after clause (2) the following new clause shall be added, namely–
(3) A person who does not believe in the absolute and unqualified finality of The Prophethood of MUHAMMAD (Peace be upon him), the last of the Prophets or claims to be a Prophet, in any sense of the word or of any description whatsoever, after MUHAMMAD (Peace be upon him), or recognizes such a claimant as a Prophet or religious reformer, is not a Muslim for the purposes of the Constitution or law.”
Categories: Ahmadis And Pakistan, Anti-Islam Attitude, Asia
One wonders what compelled Mr. Bhutto to introduce the 2nd Constitutional amendment in the newly framed enforced 1973 Constitution. Never in the history of the mankind, the rulers, the state authorities, the governments or Assemblies have been ever used to decide the religion or faith of any person or community. But if any one believes in such a provision or allows political assemblies against the will of a certain person but he refuses to accept such an unacceptable provision as Ahmadis do and reject the constitutional amendment as it deprives them of their basic right of freedom of conscience as it was Islam and Islamic faith which preached this golden principle of human life some 1400 years ago. But those who believe in what Bhutto said and then did declare the Ahmadiyya Community as not-Muslim, it were they themselves who have given this right to worldly Assemblies to make them non-Muslim and use this power to declare one’s faith or religion of any one. This is all wrong and un-acceptable as it is against the teachings and practices of the Founding-father of Pakistan, Quaid-e-Azam Muhammad Ali Jinnah. His speech of August 11, 1947 delivered before the members of the Constituent Assembly of Pakistan, provides the basic guidelines for the constitution of Pakistan, under which no one will be discriminated on religious basis. In view of all these postulate the Supreme Court is expected to restore the Voting right of Pakistani Ahmadi citizens in the general voting list so that they also take part in the forth-coming general elections.It is necessary for holding general elections fair and free. Otherwise elections will not be free and fair.
S.A.Sheikh: My personal view is that it was only on the instigation of Saudi Arabia. In fact at that time King Feisal played with the idea of having himself nominated as ‘Khalifa’. He did not want to have another ‘Khalifa’ within the Muslim community. And he had the cash to ‘persuade’ Mr. Bhutto to ‘play along’. Well, Allah had other ideas (see the end of King Feisal).
It was the duty of the members of the National Assembly to correct the wrong which was enacted 39 years ago. If Assemblies have not taken that step, it is the duty of the honorable court to do Justice now.
Otherwise, all will suffer because Allah does not allow such handed work against religion. The Assemblies are not to decide the faith of any people. They are to enact good laws to run the country on the path of peace and progress.