IN THE EYES OF LAW Historical, Widgments of High (Coats level SMariat, Courk andi “Supreme Court of PakistanCONSTITUTION OF PAKISTAN Act No. XLIX of 1974 An Act further to amend the Constitution of the Islamic Republic of Pakistan 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: Short title and commencement _1-(1}) This Act may be called the Constitution (Second Amendment) Act, 1974. (2) It shall come into force at once. Amendment of Article 106 of the Constitution 2 In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 106, in clause (3}, after the word “communities”, the words and brackets “and persons of he Qadiani group or the Lahori group (who call themselves ‘Ahmadis’)” shall be inserted. Amendment of Article 260 of the Constitution 3. 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 a religious reformer, is not a Muslim for the purposes of the Constitution or law.”CONSTITUTION OF PAKIST, 268(3) In the Constitution and all enactments and other legal instruments, unless there is anything repugnant in the subject or context: @ () “Muslim” means a person who believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophethood of Muhammad (peace be upon him), the last of the prophets, and does not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him) and “non-Muslim” means a person who is not a Mustim and includes a person belonging to the Christian, Hindu, Sikh, Budhist or Parsi Community, a person of the Qadiani group or the Lshori group (who call themselves ‘Ahmadis’ or by any other name), or a Bahai, and a person belonging to any of the scheduled castes,CONSTITUTION GE PAKISTAN Act No, XLEX of 1974 An Act further to amend the Constitution of the Islamic Republic of Pakistan 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: Short title and commencement 1.41) This Act may be called the Constitution (Second Amendment) Act, 1974. (2) It shall come inte force at once. Amendment of Articie 106 of the Constitution z In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 106, in clause (3), after the word “communities”, the words and brackets “and persons of he Qadiani group or the Lahori group (who call themselves ‘Ahmadis’)" shall be inserted. Amendment of Article 260 of the Constitution 3. In the Constitution, m 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, afler Muhammad (peace be upon him), or recognizes such a claimant as a prophet or a religious reformer, is not a Muslim for the purposes of the Constitution or law.”CONSTITUTION OF PAKISTAN 260(3) In the Constitution and all enactments and other legal instruments, unless there is anything repugnant in the subject or context: (a) {b) “Muslim” means a person who believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophethood of Muhammad (peace be upon him), the last of the prophets, and does not believe in, or recognize as a prophet or religious reformer, any person whe claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him) and “non-Muslim” means a person who is not a Muslim and includes a person belonging to the Christian, Hindu, Sikh, Budhist or Parsi Community, a person of the Qadiani group or the Lahori group {who call themselves ‘Ahmadis’ or by any other name), or a Bahai, and a person belonging to any of the scheduled castes.P. STAN PENAL CODE 295(C) Use of derogatory remark etc. in respect of the Holy Prophet. Whoever by words, either spoken or written, or by visible representation, or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, or imprisonment for life, and shall aiso be liabie to fine. 298¢B) Misuse of epithets, descriptions and titles, etc., reserved for certain holy personages or places. Any person of the Qadiani group or the Lahori group (who cali themselves ‘Ahmadis’ or by any other name) who by words, ¢ither spoken or written, or by visible representation. ay (a) (b) (ey (4) shall refers to, or addresses, any person, other than a Caliph or Companion of the Holy Prophet {peace be upon him), as “Ameer-ul-Mumineen’, “Khalifat-ul-Mumineen’. . ‘Khalifat-ul-Muslimeen, ‘Sahaabi’ or ‘Razi Allah Anho’; refers to, or addresses, any person, other than a wife of the Holy Prophet Muhammad (peace be upon him), as Ummul-Muninnen; refers to, or addresses, any person, other than a member of the family (Ahle-bait) of the Holy Prophet Muhammad (peace be upon him), as Ahile-bait, or refers to, or names, or calls, his place of worship as Masjid; be punished with imprisonment of cither description for a term which may extend to three years, and shall also be liable to fine.(2) Any person of the Qadiani group or Lahori group (who call themselves ‘Ahmadis’ or by any other name} who by words, either spoken or written, or by visible representation, refers to the mode or form of call to prayers followed by his faith as "Azan’ or recites Azan as used by the Muslims, shall be punished with imprisonment or either description for a term which may extend to three years and shall also be hable to fine. 298(C) Person of Qadiani group, etc., calling himself a Muslim or preaching or propagating his faith. Any person of the Qadiani group or the Lahori group (who call themselves ‘Ahmadis’ or by any other name), who, directly or indirectly, poses himseff as a Muslims, or calls. or refers to, his faith as Islam, or preaches or propagates his faith, or invites others to accept his faith, by words, either spoken or written, or by visible representations or in any manner whatsoever outrages the religious feelings of Muslims shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine. SUPREME COURT OF PAKISTAN “So, if any Ahmadi is allowed by the administration or the law to display or chant in public, the “Shaa’ire Islam. it is like creating a Rushdi’ out of him. Can the admunistration in that case guarantees his life, liberty and property and if so at what cost? Again, if this permission is given to a procession or assembly, on the streets or a public place, it is like permitting civil war.” Mr. Justice Abdul Qadeer Ch, Mr, Justice Muhammad Afzal Lone Mr, Justice Wali Muhammad Khan Mr. Justice Saleem Akhtar Mr. Justice Shafi-ur -Rehman (1993 S\CM.R 1718)PAKISTAN PENAL CODE 295(C) Use of derogatory remark ete. in respect of the Holy Prophet. Whoever by words, either spoken or written, or by visible representation, or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, or imprisonment for life, and shall also be liable to fine. 298(B} Misuse of epithets, descriptions and titles, ete., reserved for certain holy personages or places. a Any person of the Qadiani group or the Lahori group: (who call themselves ‘Ahmadis’ or by any other name) who by words, either spoken or written, or by visible Tepresentation. {a) refers to, or addresses, any person, other than a Caliph or Companion of the Holy Prophet (peace be upon him), as "Ameer-ul-Mumineen’, ‘Khalifat-ul-Mumineen’. “Khalifat-ul-Muslimeen, ‘Sahaabi’ or ‘Razi Allah Anho'’; , (b) refers to, or addresses, any person, other than a wife of the Holy Prophet Muhammad (peace be _ ¥pen him), as Ummul-Muninnen; {c) refers to, or addresses, any person, other than a member of the family (Able-bait) of the Holy Prophet Muhammad (peace be upon him), as Able-bait; or (dy refers to, or names, or calls, his place of worship as Masjid; shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.