Mubarak Sani case: SC expunges controversial paras on govt’s plea

The Supreme Court has granted the federal government’s appeal to remove controversial sections from the verdict in the high-profile Mubarak Sani case. The ruling, delivered by a three-member bench led by Chief Justice Qazi Faez Isa, addressed concerns raised by both the federal and Punjab governments regarding the February 6 verdict.

On Thursday, the court considered the Centre’s appeal and the Punjab government’s petition for amendments. The Supreme Court had previously overturned Sani’s conviction, noting that the offenses he was charged with were not criminalized until 2021, and ordered his release.

Court Ruling and Government Reactions

Following the initial Mubarak Sani case verdict, the Punjab government filed a review petition under Article 188 of the Constitution, which the Supreme Court upheld on July 24. This ruling, however, sparked considerable controversy and debate, including a discussion in the National Assembly’s Standing Committee on Law and Justice.

The Punjab government and religious leaders argued that certain parts of the verdict were incorrect and inconsistent with previous rulings. Prominent figures, including Jamiat Ulema-e-Islam (F) leader Maulana Fazlur Rehman and Mufti Muhammad Taqi Usmani, supported calls for the federal government to seek a revision.

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During the hearing, Attorney General for Pakistan (AGP) Usman Awan conveyed that the federal government acted on the advice of Parliament and religious leaders. Chief Justice Isa acknowledged the possibility of errors in the original verdict and sought corrections.

Key Amendments

The Supreme Court has decided to expunge paragraphs 7 and 42 from the July 24 verdict, as requested by Mufti Usmani and supported by other religious scholars. Paragraph 42, in particular, was contentious for its interpretation of religious freedoms and the right to preach, which critics argued could be misinterpreted as granting unconditional permissions.

Reactions and Next Steps

After the decision, Maulana Fazlur Rehman praised Chief Justice Isa for his “positive attitude” and announced August 23 as a ‘thanksgiving day’ to celebrate the revised verdict. The court has also directed the trial court to review the case against Sani in accordance with legal standards.