The Mubarak Thani Qadiani Case and Its Background
Table of Contents
ToggleThe verdict announced on July 24 has its roots dating back to 2019. Here’s the background:
March 7, 2019: An event was held at the Qadiani educational institutions in Chenab Nagar, where copies of the Tafseer Sagheer by Mirza Mahmood were distributed among boys and girls. This tafseer (interpretation of the Quran) is considered altered, as it contradicts the traditional Islamic interpretations, especially regarding the life and miracles of Prophet Isa (Jesus).
December 6, 2022: A case was registered at Chenab Nagar police station under Section 295B, 295C, and the 2011 Quran Act for distributing this distorted Tafseer Sagheer. A year later, Mubarak Ahmad Thani Qadiani was arrested for distributing the tafseer. The arrest led to a mob attack on the Chenab Nagar police station by Qadianis, but no legal action was taken against the attackers.
The case moved to Sessions Court, where charges were framed against Mubarak Thani. In September 2023, Additional Judge Raja Ajmal rejected his bail. The case then went to the Lahore High Court, where in November 2023, Justice Farooq Haider also denied bail. Eventually, the case reached the Supreme Court, where, on February 6, 2024, the court granted bail to Mubarak Ahmad Qadiani, causing widespread protests across the country.
As a result, the Punjab government and several religious parties filed a review petition in the Supreme Court. On February 26, 2024, the court sought opinions from several key religious institutions, including Darul Uloom Karachi, Jamia Naeemia, Islamic Ideological Council, Jamia Salafiyyah, Quran Academy, and others.
March 28, 2024: During the review hearing, the court noted that the opinions had been received but needed further study. The next hearing was set for May 29, 2024, led by a three-member Supreme Court bench comprising Chief Justice Qazi Faez Isa, Justice Irfan Saadat Khan, and Justice Naeem Akhtar Afghan.
Several prominent religious scholars, including Mufti Muhammad Taqi Usmani from Darul Uloom Karachi and Mufti Muneeb ur Rehman from Jamia Naeemia, submitted a detailed response opposing the Supreme Court’s earlier bail decision, arguing that it needed correction. These scholars argued that public dissemination of distorted religious texts by Qadianis, even within their own institutions, should not be allowed under Section 298-C of Pakistan’s Penal Code.
Key Points of Objection in the Verdict:
Clause 6: The court stated that Mubarak Thani cannot be prosecuted under the Punjab Quran Board Act, as it applies to the author or publisher of the banned book, not to someone distributing it. Religious scholars objected, arguing that the publishing entity, Jamaat-e-Ahmadiyya, should also face action.
Clause 7: The court ruled that Section 298-C does not apply to distributing the distorted Tafseer within a Qadiani institution. This was criticized for granting Qadianis freedom to distribute heretical literature in their institutions without legal consequences.
Clause 41: The court referred to a previous case, stating that Qadianis displaying the Kalima in their places of worship does not constitute blasphemy under Section 295-C, a ruling that scholars believe is based on a misunderstanding of Qadiani beliefs.
Clause 42: The court allowed Qadianis the right to practice their faith privately in their homes and places of worship, which the religious scholars argued was contradictory to the constitution, as Qadianis using Islamic terminology even in private is misleading.
September 2024 Supreme Court Verdict:
In September 2024, the Supreme Court made further developments in the Mubarak Thani Qadiani case. On September 7, 2024, the court upheld the bail granted to Mubarak Ahmad Thani in February. This decision re-sparked debates on religious freedom and the rights of Ahmadis in Pakistan.
The court emphasized the constitutional rights of Ahmadis, recognizing their right to religious freedom as citizens, although they are legally considered non-Muslims. The decision also deleted some controversial points from the earlier ruling, attempting to address concerns raised by religious groups.
This case has brought the sensitive issue of religious freedom for minorities, particularly Ahmadis, back into the spotlight in Pakistan, a country where this community has faced persecution for decades. The decision coincides with the 50th anniversary of the 1974 ruling that declared Ahmadis non-Muslim, marking a significant moment in Pakistan’s legal and political history.