Daily Times: Hizbut Tahrir believes in coopting people in positions of power, especially in the military, and making them rise up in open rebellion against the established legal order
Some people have argued that these measures constitute a curb on freedom of speech. It seems that these people have totally misconceived the meaning of freedom of speech as a concept generally and in particular the right of freedom of speech as exists under Pakistani law. Personally, I would prefer the kind of First Amendment regime on freedom of speech that exists in the US but bear in mind that even there fighting words, i.e. speech that incites violence, is actionable. In Pakistan’s case, while freedom of speech is a fundamental right, it is a qualified right under the Constitution of Pakistan itself. The legislature in Pakistan can impose reasonable restrictions on this right in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, commission of or incitement to an offence.
In the case of Ahmedis, their freedom of speech has been dealt a severe blow by the state and its laws. Bhutto’s constitutional amendment declared them non-Muslims for the purposes of law and constitution and added them, forcibly, to the category of religious minorities. General Zia’s Ordinance XX of 1984, a law that is one of a kind in its insensitivity and outright cruelty, makes it unlawful for them to even consider themselves Muslims. Much, indeed almost all, of their literature has been proscribed in Punjab because of an arbitrarily appointed body of ulema (clergy) that advises the Punjab government on hate speech! Even as I write these lines, an old bookseller of the community has been hauled into jail on trumped up blasphemy charges. Another Ahmedi, the publisher of the historic Al-Fazl newspaper, has been denied bail by the Supreme Court (SC) of Pakistan with Justice Asif Saeed Khosa remarking that when it comes to religion, unfortunately, the law in this country has to take a back seat. Fairness, therefore, demands that hate speech against them should be equally criminalised and their right to live as citizens, unharmed without harassment, in this country protected in accordance with the Constitution and, in particular, the Objectives Resolution. Having been given the status of a non-Muslim minority, with extremely limited freedom of speech, against their will, surely they need to be protected from harassment by the majority community more than anyone else. All the provisions of the Constitution that speak to the cause of minorities and their status — hypothetically — as equal citizens should in theory be applicable to them as well. Therefore, one lauds the Punjab government’s belated action against hate speech directed at this community as a small mercy and a baby step in the right direction.
In the case of Ahmedis, their freedom of speech has been dealt a severe blow by the state and its laws. Bhutto’s constitutional amendment declared them non-Muslims for the purposes of law and constitution and added them, forcibly, to the category of religious minorities. General Zia’s Ordinance XX of 1984, a law that is one of a kind in its insensitivity and outright cruelty, makes it unlawful for them to even consider themselves Muslims. Much, indeed almost all, of their literature has been proscribed in Punjab because of an arbitrarily appointed body of ulema (clergy) that advises the Punjab government on hate speech! Even as I write these lines, an old bookseller of the community has been hauled into jail on trumped up blasphemy charges. Another Ahmedi, the publisher of the historic Al-Fazl newspaper, has been denied bail by the Supreme Court (SC) of Pakistan with Justice Asif Saeed Khosa remarking that when it comes to religion, unfortunately, the law in this country has to take a back seat. Fairness, therefore, demands that hate speech against them should be equally criminalised and their right to live as citizens, unharmed without harassment, in this country protected in accordance with the Constitution and, in particular, the Objectives Resolution. Having been given the status of a non-Muslim minority, with extremely limited freedom of speech, against their will, surely they need to be protected from harassment by the majority community more than anyone else. All the provisions of the Constitution that speak to the cause of minorities and their status — hypothetically — as equal citizens should in theory be applicable to them as well. Therefore, one lauds the Punjab government’s belated action against hate speech directed at this community as a small mercy and a baby step in the right direction.
Categories: Ahmadis And Pakistan, Ahmadiyyat: True Islam, The Muslim Times