Facts of the case

The issue was whether Ordinance No. XX of 1984, The Anti-Islamic Activities of the Qadiani Group, Lahore Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 violates the Pakistani Constitution. 

 

Case arose out of the complaint that certain persons were roaming about in the Bazar with the badges of ‘Kalma Tayyabba’ exhibited on their chest. They were known to be Quadiani. Some of them on being questioned said that they were Muslim. This act of theirs of wearing a badge of the ‘Kalma Tayyabba’ was taken to be their posing as Muslim

Findings related to FoRB

FoRB violation – Conscience (i.e. having or adopting a religion of one’s choice); Discrimination. Appeal Dismissed.

Holding/Decision

(1) ‘The Ahmadis have been declared non-Muslims by Article 260(3)(b) of the Constitution. This fact has further been affirmed by the Federal Shariat Court of Pakistan, in Mujibur Rehman vs. Federal Government of Pakistan and another (PLD 1985 FSC 8), for the reason that the Ahmadia do not believe in the finality of prophethood of Muhammad (Peace be upon him); they falsify a clear and general verse of Holy Quran by resort  to its “Taweel“; and import into Islam, heretic concepts like shadowism, incarnation and transmigration. They were, therefore, asked to restrain themselves from directly or indirectly posing as Muslims or claiming legal rights of Muslims.;

 

(2) ‘The above views, as they are prevalent, in the above jurisdiction, do go to show that freedom of religion would not be allowed to interfere with the law and order or public peace and tranquillity. It is based on the principle that the state will not permit anyone to violate or take away the fundamental rights of others, in the enjoyment of his own rights and that no one can be allowed to insult, damage or defile the religion of any other class or outrage their religious feelings, so as to give rise to law and order situation. So whenever or wherever the state has reasons to believe, that the peace and order will be disturbed or the religious feelings of others may be injured, so as to create law and order situation, it may take such minimum preventive measures as will ensure law and order’.

 

(3) ‘The Muslim think that the birth of this Ahmadia community during the English rule, in the subcontinent, among the Muslim society, was a serious and organized attack on its ideological frontiers. They consider it a permanent threat to their integrity and solidarity, because the sociopolitical organization of the Muslim society is based on its religion. In that situation their using the above given epithets etc., in a manner which to the Muslim mind looks like a deliberate and calculated act of defiling and description of their holy personages, in a threat to the integrity of ‘Ummah’ and tranquillity of the nation, and it is also bound to give rise to a serious law and order situation, like it happened many a time in the past.’

 

(4) ‘The Ahmadis are, therefore, non-Muslims; legally and constitutionally and are, of their own choice, a minority opposed to Muslims. Consequently, they have no right to use the epithets etc., and the ‘Shaa’ire Islam, which are exclusive to Muslims and they have been rightly denied their use by law. As given above, the Constitution of Pakistan declares Ahmadis non-Muslims.. Undoubtedly, they are an insignificant minority, and have, because of their belief, been considered heretic and so non-Muslim, by the main body of Muslims. ‘