The judgement itself is in violation of Article 5, since it gives the impression of bias and partiality against a specific community
The second Amendment to the Pakistani Constitution of 1973 was the last nail in the coffin of Muhammad Ali Jinnah’s Pakistan. The whole Anti-Ahmadi movement in the subcontinent has its genesis in Congress’ backing of Majlis-e-Ahrar-e-Islam which used the anti-Ahmadi slogans to attempt to draw a wedge in the Muslim League which had in its ranks not all kinds of Muslims from Ismailis to Shias to Ahmadis. Though there were some in the Muslim League who were willing to play ball, Jinnah refused point blank to give into such blackmail by Congress backed religious parties. On May 23, 1944, he said, “A vexed question was put to me, ‘Among Muslims who can become a member of Muslim Conference?’ and this question was particularly in reference to Qadianis. My answer was that so far as the constitution of the All- India Muslim League was concerned, it is laid down there that any Muslim, irrespective of his creed or sect, if he wishes to join the All- India Muslim League, he can do so, provided he accepts the creed, policy and programme of the All-India Muslim League and signs the form of membership and pays his subscription of two annas. I would appeal to Muslims of Jammu and Kashmir not to raise any sectarian issues, but to organise the Musalmans and bring them on one platform and under one flag.” (Jamiluddin Ahmad (ed.); Vol. I; p. 148).
Earlier on May 4, 1944,the newspaper founded by Jinnah, Dawn,had reported this: “Mr M A Jinnah was pleased to assure him that according to the latest constitution of the All India Muslim League there was no bar to the members of the Ahmadiyya Community joining the Muslim League and that as members of the Muslim League they would be entitled to such privileges as are enjoyed by members of other various sects of Muslims.” This can be verified from Dawn archives and this was also reprinted in Dawn as part of ‘past pages’ series on May 4, 2014. To argue Pakistan’s case before the boundary commission, Jinnah chose Sir Zafrullah Khan who did a masterly job by all accounts. Then Zafrullah Khan was chosen by Jinnah to represent Pakistan at the UN. Later Jinnah wrote to M A H Ispahani that Zafrullah Khan was needed urgently as there was no more a capable person than him in Pakistan. Zafrullah Khan returned to Pakistan and became the country’s first foreign minister and in this post, the services he did to Pakistan are undeniable. The only reason why Pakistan has a case on Kashmir today is because of Zafrullah Khan. Zafrullah Khan’s Ahmadi creed did not come in the way then but today the Islamabad High Court would not want a man like him hold a ‘sensitive office’ in Pakistan. Jinnah’s position on the Ahmadi issue was unequivocal. Ahmadis were to be considered Muslims because they professed to be Muslims. Theological disagreement was not enough to take away an entire community’s right to self identify.