Limitation of Supreme Court Jurisdiction



"It was also held by the apex court in the main judgment that Articles 203 G and 230 of the Constitution, the interpretation of the injunctions of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (peace be upon him) fell within the exclusive domain, power and jurisdiction of the Federal Shariat Court, the Shariat appellate bench of the Supreme Court and the Council of Islamic Ideology. And the apex court’s jurisdiction in such matters is limited to application of the principles where they are settled."
(DAWN, December 22, 2015)

Wa-Alaikumus Salam,
Thank you for your concern about my health.
I had read the following in the daily DAWN of Dec. 22, which I have marked in yellow below.
ISLAMABAD: The Supreme Court has regretted that by raising arguments on the merit of the case and the sentence already confirmed, an attempt was made to re-argue the entire case on a review petition by the counsel representing Malik Mohammad Mumtaz Qadri, an Elite Force commando who had assassinated former Punjab governor Salman Taseer for allegedly committing blasphemy.
“A review is surely not a rehearing of the main case and all contentions have already been attended to in the Oct 7 judgment under review in some detail,” the apex court said in a five-page detailed judgment explaining why its three-judge bench had on Dec 14 rejected the review petition filed by Mumtaz Qadri through his counsel Mian Nazir Akhtar.
“No error patent on the face of the record was pointed out by Qadri’s counsel against the Oct 7 judgment,” said the verdict, authored by Justice Asif Saeed Khosa, who headed the bench which had dismissed the review petition.
Mumtaz Qadri, who is undergoing a jail term in Rawalpindi’s Adiyala jail, was convicted of killing Salman Taseer at a market in Islamabad on Jan 4, 2011.
On Oct 7, the Supreme Court had accepted the federal government’s appeal seeking restoration of the Oct 1, 2011, capital sentence handed down by an anti-terrorism court and partial overturning of the Islamabad High Court’s March 9 endorsement of Qadri’s plea to annul Section 7 of the Anti-Terrorism Act 1997, though the high court had upheld the death sentence under the Pakistan Penal Code.
The government had approached the apex court for including the terrorism charges as a second offence in the punishment.
The detailed judgment said that since the main review petition had been dismissed by the apex court, the application seeking interim relief regarding suspension of execution of the petitioner’s sentence of death had also lost its relevance.
The Supreme Court had, in its Oct 7 verdict, refrained from going into the matter of interpretation of the injunctions of Islam, especially relating to blasphemy and its punishment, the judgment said. The same was expected of the Islamabad High Court and, therefore, observation made by the high court in its order of March 9 be treated as not legally binding as a precedent, it added.
In the Oct 7 judgment, the order recalled, the apex court had already held that the petitioner had failed to prove through any legally admissible evidence that the victim (Salman Taseer) had committed blasphemy. It was also held by the apex court in the main judgment that Articles 203 G and 230 of the Constitution, the interpretation of the injunctions of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (peace be upon him) fell within the exclusive domain, power and jurisdiction of the Federal Shariat Court, the Shariat appellate bench of the Supreme Court and the Council of Islamic Ideology. And the apex court’s jurisdiction in such matters is limited to application of the principles where they are settled.
Published in Dawn, December 22nd, 2015 


Godless Liberalism and Secularism

 of our Political Leaders, One-Eyed TV Anchors, English Media and a Few Urdu Media Columnists is the Root of All Our Social, Political and Economic Ills  

Dear brother Zubair, 


Will It Be The End of Islamic State in Pakistan?


Thank you very much for your valuable detailed comments on the subject and about my open-heart surgery. Alhamdo-Lillah, now I have recovered fully.


I have a few more thoughts about this issue.


I have read the Supreme Court verdict. It says that the religious aspect of this issue should be referred to Shariah

Appellate Court or Shariah Court.  Mumtaz Quadri Shaheed  Lawyers should have immediately referred the matter to Shariah Court and request the Supreme Court not to implement its verdict until there is a decision about it by the Shariah Court.


But, unfortunately, no one cared to appeal the SC Verdict to the Shariah Court, whereas SC Verdict itself had given a hint for it in its decision upholding the death sentence.


A great opportunity to save the life of the Shaheed was lost. Maybe it was the Will of God. As you say, there was a need of a Pakistani Shaheed to unite all religious groups against the spread of so-called Liberalism and Secularism since the days of Musharraf. 


Munawwar Hasan had rightly avoided to join with Maulana Fazlur Rahman for any political venture at that time.  It was a right decision at that time in view of this Maulana’s dubious reputation and political opportunism.


But, on the other hand, the negative effect of the boycott of this Maulana resulted in inactivity of united Ulama front, known as Milli Yakjehti Council.


This inactivity and complete silence of Religious Lobby has encouraged Nawaz Sharif and his stalwarts to move more towards godless Liberalism and Secularism with a free hand instead of trying to proceed towards Islamization of the country.


I was worried since long, since the days of Musharraf. He repealed Hudood Laws. I was disappointed to see that there was no country-wide Protest Movement against it. JI had been carrying on different Pakistan-wide movements for political issues like, say, GO AMERICA GO.


But Religious Lobby did not bother to launch any country-wide movement against the only measure in the entire history of Pakistan that was taken by Zia-ul Haq towards implementation and enforcement of Shariah in Pakistan. These laws were implemented for 29 years and then suddenly repealed to start Secularization of Pakistan.


We had been thus led to believe that Pakistan will not move towards an Islamic State. It will simply remain just a Muslim State with all the evils of Western civilization and culture fully incorporated in it, as our TV programs are constantly showing pictures of shameless, half-naked women daily.


That is why Secularist writers and columnist like  Cowasjee used to call Musharraf as Ataturk of Pakistan in the columns of the daily DAWN, Karachi along with his supportive secular colleagues. Our English media columnists do not appear to belong to a Muslim country and have no respect for Muslim customs and traditions, if these are against Western norms.


President of Turkey was successful in eliminating such secular elements both from the Military and the Media, despite being named by Western press as an enemy of Press Freedom. We have experience of such Press Freedom in Pakistan that a gathering of millions of people at Janaza of Shaheed Quadri was completely blacked out by our so-called Free Electronic Media under the threat of Nawaz government.


The so-called Liberal-dictator exhibited his Ataturk credentials by killing girl students and others using military power to raid a religious establishment and a sacred prayer place like Lal Mosque. Even under  British slavery, we had never heard of any military attack even from a non-Muslim foreign Power on a sacred place like Mosque. But our Liberals justify it as all Lal Mosque students were terrorists in their eyes.


Mujahedeen had helped America to oust Russia from Afghanistan. They wanted to help their Muslim Afghan brothers against an infidel America’s attack on a neighboring Muslim country. They regarded it as a duty enjoined upon them by Shariah in view of their faith in Islam. But Musharraf, being fearful of American might, decided to side with a Kafir country and help its aggression of a brother Muslim country. As a reaction to his preventive measures against Mujahedeen, that movement changed itself into Pakistan Taliban against Pakistan military. Until today Pakistan military is facing their wrath. These seeds were sown by anti-Islam Liberalism and Secular thinking of Musharraf to side and support an aggressor of Muslims. Does Shariah allow it?


Are our leaders, including Nawaz group, more afraid of America than Allah, more eager to gain the pleasure of the West than that of Allah?


These were the same Pakistan-loving Mujahedeen who had won Azad Kashmir at the inception of Pakistan. But our godless Liberalism and Secularism has turned them into enemy of Pakistan military.


This is not just the fault of a single individual. This is the result of that godless Liberalism which is prevailing among most of our TV Anchors, English-media columnists and political groups like the stalwarts of Zardari, Altaf Hussain and Nawaz Sharif.


Musharraf period was the beginning of negation of Pakistan ideology in the name of Liberalism. This is the period which should be marked in the history of Pakistan as the end of Islamic State in Pakistan.


Our Religious Lobby including JI did not bother even to appeal in Shariah Court against the anti-Islamic and anti-Constitutional measure of repeal of Hudood Laws. How our Islamic Constitution would have allowed the repeal of Islamic Hudood Laws? Our Islamic Constitution has a clause, “No laws will be made repugnant to Quran and Sunnah”.


Could Musharraf lawyers have successfully proved in Shariah court that repeal of Hudood Laws was not an anti-Islamic measure, not an anti-Constitutional measure?


I pointed it out to the late Gen. Hamid Gul during his visit to Japan. He had no reply to it. He simply made a lame excuse that even if Islamists would have filed a case, they would not have won it in view of pro-Musharraf Justices appointed by the disgraceful military dictator. They would have named it as a constitutional measure, despite its anti-Islamic character.


The very purpose of JI existence in Pakistan and its strategy of participating in the political activities of our country had always been for the sake of Islamization of Pakistan. But our history of last few years shows that, maybe, we have forgotten that ultimate goal and are busy with day-to-day political issues.


The death sentence of Shaheed Quadri has served as an eye-opener for JI (Jamaat-e-Islami) and the entire Religious Lobby of Pakistan. Now they have decided to launch a joint movement for 3 common points in a meeting to be held in JI office on March 15th:

1)   Implementation and Enforcement of Shariah and  Islamization of Pakistan.

2)   To get Ban on Tableeghi Jamaat be removed.

3)   To get newly passed anti-Islamic Law about women in Punjab Assembly repealed and to prevent it to be passed in the National Assembly for the entire country.


This appears to be the Will of God that Shaheed Quadri Lawyers missed the opportunity to save his life despite the hint given in SC Verdict. JI and all other religious leaders of Pakistan are going to celebrate March 1 as a national day of mourning and renew their determination for Islamization of Pakistan. All the hither-to silence and inactivity of the Religious Lobby will come to an end by this unfortunate incident. Sacrifice of one person to uphold the honor of our Prophet (PBUH) is going to energize our hither-to sleeping Religious Lobby and ignite in their hearts the fire and enthusiasm to save Pakistan from moving towards a so-called Liberal and Secular course.


Such a fire in the heart of Islamists alone can save Pakistan from all those Journalists and TV Anchors who are busy daily misguiding Muslims to regard Islam as a religion of terrorists.


International Lobby is also enforcing their misguided viewpoints and false convictions. It is reinforcing their so-called Liberalism by giving Oscar Awards and Noble prizes to those who are painting the picture of Pakistan as a country which is full of and exporter of terrorism.  



Kind Regards,

Hussain Khan, M. A., Tokyo

Skype ID:hkhanjpat


From: Zubair bin Umar Siddiqui [mailto:zbusiddiqui@hotmail.com]
Sent: Monday, March 7, 2016 1:47 PM
Subject: RE: Mufti Prof. Muneebur Rahman and Oriya Maqbool Jan Articles on Ghazi Mumtaz Quadri Shaheed


The issue has become complex and traditions are narrated which are conflicting and confusing often. 

Governor Taseer is not and can not be condoned for his 'remarks' which are quoted  but Qadri's action is going to become a  noble deed and his 'urs' and on processions of his death anniversary  are also expected  every 4 years or  with a difference of one day .  If it is to be celebrated with greater show of sentiments and as evidence of 'firm faith' 'ishey Rasool'(PBUH) and demand comes to make it a national  holiday  no one should be surprised.


When something is done out of love and devotion , reason and logic and arguments dont work and  become an exercise in futility.

The one Ilam din was  did the noble act  before Pakistan  and we needed one of our Pakistani origin and here we are  and have got one. All    'ahley sunnat wal Jamaat' must be congratulated  for getting a 'shaheed' which  gathered   religious men and their leaders   like JI's Ameer  in the procession of 'janazah.

Our Muslim  brothers  prefer to show love through  processions instead of following the 'uswah' of the beloved forward. 

However is it possible to have  a consensus  on the issue .I knew that capital punishment  is not mandatory for the crime  according to Mufti sahab of DarulUloom Korangi Janab Taqi Usmani. 


JazakAllah Janab Hussain Khan sahab for sending a powerful reminder from Japan. May Allah taala reward you for your good intentions and keep you healthy and energetic to send such inspiring reminders (tazkeer) .  I  felt happy to see your mail after a long time .I am sure you have recovered fully after treatment of  your heart disease. Alhamdolillah  and Aameen.

 I am sharing it with  more friends.

 Zubair B U Siddiqui.

From: hussaintokyo5@gmail.com 
To: Subject: RE: Mufti Prof. Muneebur Rahman and Oriya Maqbool Jan Articles on Ghazi Mumtaz Quadri Shaheed
Date: Mon, 7 Mar 2016 04:43:01 +0900


See the book of a Supreme Court Advocate, Ismael Qureshi, in Urdu for details on this subject
Nawaz and his supporters maybe Muslims in their individula lives, but they are not Islamists to enforce Shariah in Pakistan
If Quadri Sheed has been declared Terrorist, then Quaid-e-Azam, Mohd. Ali Jinnah and Allama Iqbal were big supporters of such Terrorism. They pleaded the case of Ghazi Almuddin Shaheed who killed a Blasphamous Hindu in 1929.
 Why did they accept "authority of individuals' to punish Blasphemers", which our Law, Liberals and Secularists are not ready to accept?
"There are several verses of Quran and Ahadith that Allah will also punish such Blasphemous individuals and there supporters. Nawaz, Shabaz and all supporters of this action of executing Quadri Shaheed should repent and ask forgivesness from Allah to be saved of His wrath in this world and in the Hereafter, even if they are not forced out of power by Pakistan Public Opinion pressure of millions."
Mufti Muneeb has rightly argued that the assasinated ex-Governor of Punjab, Salman Taseer had several times declared Blasphemy Law a Black Law, as admitted by all the Lower and Higher Courts of Pakistan in their Verdicts about this case. It is a religious Law passed by a Muslim country, Pakistan, Parliament based on principles of Shariah. To call a Shariah Law a Black Law means what? It means that Blasphemy Law of Pakistan is a Black Law. What will be the implication of this declaration. It means Blasphemy against our Prophet (PBUH) should not be punished under any law. Allowing Blasphemy to prevail unhindered and unpunished is in itself a Blasphemy. How can a Muslim tolerate to allow unhindered Blasphemy against our Prophet (PBUH)?
About "authority of individuals' to punish Blasphemers"
Mufti Muneeb has not discussed this aspect, but I want to elaborate my thinking about the question of any 'individual' taking law in his hands or say, about the "authority of individuals' to punish Blasphemers. Islamic Shariah also does not allow it usually but in case of Blasphemy, it was allowed by our Prophet, PBUH. Rationally speaking, will anyone tolerate Peacefully if someone starts abusing his father bluntly. Will he wait till Police and courts punish such abuser, or will he demonstrate his immediate anger by slapping the abuser then and there? That is why Prophet, PBUH, has allowed slaying of persons who abuse him. One Hadith clearly shows such an example.
A blind Sahabi, Companion of Prophet (PBUH) killed his slave girl and came next monrning to inform Prophet that he had killed the slave girl as she was accusing the Prophet (PBUH). Prophet did not admonish him for why she was not taken to Shariah Court to decide about her Blasphemy.
Prophet had disowned himself from a murder of a Kafir carried out by Hazrat Khalid BIn Waleed (RATU) during a war. It was because that the mudered person had spoken Kalima LA ILAHA ILLALAH. Hazrat Khalid Bin Walid (RATU) had told that the Kalima was recited by that Kafir to save his life during the war. Prophet (PBUH) retorted, "Had you entered into his heart and seen that he was not truthful?"
Similary had the action of that blind Sahabi to kill his blasphemous slave girl would have been a wrongful act, the Prophet would have admonished him as he had done to Hazrat Khalid Bin Waleed (RATU). But Prophet (PBUH) did not disown this action in case of killing of a blasphemous person. There are several other instances and Fatwas of Imam Ibn-e Taimia and other great Islamic scholars to prove that in Shariah has given "authority to individuals' to punish Blasphemers."
There are several verses of Quran and Ahadith that Allah will also punish such Blasphemous individuals. Nawaz, Shabaz and all supporters of this action of executing Quadri Shaheed should repent and ask forgivesness from Allah to be saved of His wrath in this world and in the Hereafter.
Mufti Muneeb has pointed out in his article that Shahbaz Sharif has broken his promise to a delegation of Ulama that death sentence will not be carried out. Similarly a delegation of Milli Yakjehti Council tried to get an appointment with the Prime Minister to discuss this matter. There was a possibility of paying "DAYAT" and save the life of Shaheed Quadri, as an
American CIA muderer was allowed by Shabaz govrnement connivance. But Nawaz was determined to carry out this death sentence to please his Western Masters at the expence of inviting wrath of God upon himself. He rejected twice to meet Ulama delegation who wanted to discuss this matter with him.
As regards the freedom of our socalled 'liberal' journalists, you see what these 2 articles are lamenting.
 Mufti Professor Muneebur Rahman Article
in the daily JASARAT
 Oriya Maqbool Oriya Jan Article
in the daily RXPRESS