Review petitions regarding Mubarak Ahmad bail decision: SC seeks written opinion from ulema within two weeks

ISLAMABAD, March 28 (Online): Supreme Court (SC) during hearing of review petitions regarding Mubarak Ahmad bail decision has sought written opinion from all the Ulemas within two weeks who are petitioners in the case. The court has directed that the Ulemas should keep their opinion restricted to the points raised in court’s decision. The opinions which are received after set time will not be counted.

This direction has been issued by a 3-member bench of SC presided over by the Chief Justice of Pakistan (CJP) Qazi Faez Isa here Thursday. During this time, Council of Islamic ideology , JI, Tehreek-e-Labaik Pakistan and Ulemas in large number from different religious parties remained present in the court.

The CJP Qazi Faez Isa remarked the relevant persons can be made respondents in civil cases. In the criminal case only the plaintiff, accused and government can be made respondents. The opinion of all Ulemas will be heard even without making them respondent. If mistake has been committed by court in the decision then we will correct it. It is better to adopt proper procedure than creating chaos by raising sticks. It is matter related to Shariah. We want to go ahead with deliberation. Legal opinion will not be sought from Ulemas because we know the law more. In Shariah, knowledge of Ulema is more than us. We will seek guidance on it. What is definition of Muslim in Islam. The reference of Ayat 40 of Surah-e- Al-Ahzab has been given in court’s decision.

Member of Council for Islamic Ideology (CII) said meaning cannot be derived from one ayat of the Holy Quran.
CJP remarked we are bound to the definition of Muslim which has been enshrined in the constitution.

Different Ulema said they have no objection over on the words written in the constitution.

The CJP remarked if some one has objection over the constitution he should get amend it from the parliament. Amending the constitution is not our mandate. The further hearing will be conducted after ascertaining the opinion of ulema.

The court has also remarked replies be given to whatever questions are.

The court remarked the review scope is limited. However we will ascertain the opinion of Ulemas. The decision will be reviewed according to it.

The hearing was adjourned for two weeks.