The Judiciary – 2015

The Judiciary

2015

The Judiciary’s role

 

The judiciary’s role in the treatment which Ahmadis received at the hand of the state would deserve a wholesome analysis and comment at some future date. In this foreword we reserve our opinion, and let the essential details of a few cases mentioned below for this year highlight Ahmadis’ exposure to ‘justice’ in Pakistan. 

 

The grave Bhoiwal Case

Bhoiwal, District Sheikhupura:         Four Ahmadis were wrongfully charged here under a blasphemy law PPC 295-A in May 2014. They had protested against an objectionable and provocative anti-Ahmadi poster and had allegedly torn it down from the wall of a shop. The mullas mounted a major campaign for police action against Ahmadis and threatened law and order. The police, rather than proceeding against the publishers of the hateful poster, booked the Ahmadis and detained one of them, Mr. Khalil Ahmad.

Three days later, while Mr Khalil Ahmad was detained in the police lock-up, an armed youth from a nearby madrassah, run by a banned outfit, entered the police station and shot him dead.

Thus a great wrong was done, and the police must have felt ashamed over it. As a result the other three accused Ahmadis wrongfully booked were granted temporary bail.

The sympathy did not last long, and the system yielded soon to the pressure of clerics. On a hearing on July 18, 2014, the sessions court cancelled their bail, and they were arrested.

The accused then filed a bail petition in the Lahore High Court. This petition is lingering in the high court since then. The hearings are being postponed repeatedly, prolonging the ordeal of the accused. The opposition uses delaying tactics to prolong the suffering of the victims. The state attorney opposes the bail, although the government’s declared policy is to suppress sectarianism. It is obvious that Ahmadis are an exception and sectarian drive against them is considered kosher.

The case of Mr Khalil’s murder is also pending in the sessions court. The killer of Mr Khalil Ahmad was charged for murder and also under the anti-terrorism law ATA-7. The Anti-terrorist court, for reasons best known to it, removed the ATA-7 clause from the charge sheet.

This is how the system treats the religious zealots and their victims in Pakistan.

The three Ahmadis are now in prison for one and a half year for allegedly tearing a hostile sectarian poster. They were booked under PPC 295-A, under which the penalty is 10-year imprisonment. One of their co-accused was murdered while in police custody. Their plea for bail is being postponed on flimsy grounds by a judiciary that has released Hafiz Saeed and Zaki-ur-Rahman Lakhvi on bail.

 Painful judicial handling of a police-case of an Ahmadi pressman

Lahore:           Mr. Tahir Mahdi Imtiaz, printer of the Ahmadiyya monthly Ansarullah, was arrested by the police on March 30, 2015 in a Lahore court premises where he had gone to seek confirmation of bail in another case. He is ‘printer’ of various other publications as well.

Mr. Imtiaz was wrongfully implicated in a fabricated case registered with Millat Town police under the blasphemy clause PPC 295-A and the anti-Ahmadiyya 298-C on behest of mullas, more than a year ago.

It should be mentioned that the case against Mr. Imtiaz is pure fabrication, registered on private complaint of a mulla, with reference to a monthly that contained no objectionable text, still the judge refused to accept the bail of the accused. Also noteworthy is the fact that the state prosecutor objected to the bail, although the Supreme Court is on record to have directed: “The state should provide security to minorities, otherwise….” The daily Nawa-i-Waqt; Lahore, February 9, 2013 

 

The prosecution has not pointed in any court any content of the related Ansarullah issue that is blasphemous. Still the judges, who should have released the innocent pressman on first hearing, or later on appeal, have not granted him even release on bail. An abridged chronology of this case is given below; the progress of events would be of interest to any human rights activist:

March 30, 2015                       Mr. Imtiaz was detained by the police; remanded for three days.

After the remand                    Sent to prison in judicial custody

April 8, 2015                           Judge heard for 5 days his plea for bail and rejected it.

April 22, 2015                         Sessions court rejected the plea for bail.

May 28, 2015                          A Lahore High Court (LHC) judge expressed inability to proceed with the case and referred it to the Chief Justice.

June 16, 2015                          LHC shifted the hearing to June 18.

June 22, 2015                          The next hearing date was shifted to July 6.

July 13, 2015                           Case heard by LHC judge. Declared verbally the acceptance of bail. Later, when presented the decision for signing, he did not sign, and declared that he’ll hear the case further on July 15.

July 15, 2015                           The said judge decided to refer the case to the Chief Justice with recommendation that a 2-member bench should hear the plea for bail.

The chief justice Manzur Ahmad Malik appointed Justice Mazhar Iqbal Sindhu and Justice Shahram Sarwar Chaudhry on the division bench to hear the plea.

August 6, 2015                       The said bench rejected the plea for bail, added Anti-terrorism clause 8-W ATA to the case and sent it to an anti-terrorism court. 

December 08, 2015                 Two-member bench of Supreme Court did not grant Mr. Imtiaz’s plea for bail.

December 31, 2015                 Mr. Tahir Mahdi Imtiaz, the printer of the Ahmadiyya daily and periodicals continues to suffer behind bars without having been found guilty of any crime.

This is what Ahmadis often face in the judicial domain in Pakistan. They are implicated in false cases on religious grounds and find it extremely difficult even to get release on bail for the duration of the trial. Even pressmen do not get any relief, although the state is committed to grant the basic ‘freedom of expression’. ‘Freedom of press’ is available to all excpt Ahmadis.

Some impartial NGO or eminent journalist should look into this case in depth and place on record a fair opinion on current role of the state and society in handling an Ahmadi’s court case.

The above is important in view of the State’s apparent commitment to the ongoing National Action Plan, the Supreme Court’s landmark judgment announced on June 19, 2014 and various claims of politicians in power that ‘The Quaid’s vision to safeguard minorities’ rights are being pursued’.

 

Ahmadis’ freedom to practice religion under threat

Rabwah:         On September 22, 2015 Ahmadi community officials were called by the police DSP for a meeting. It was learnt there that someone in Lahore had approached the High Court with a petition that Ahmadis be barred from sacrificing cattle at the occasion of Eid, the community newspaper the daily Alfazl’s publication be stopped and the Ahmadiyya printing press should be sealed by authorities. Hence the meeting.

This fresh attack on Ahmadis’ freedom of religion, through higher judiciary is a cause of serious concern for the beleaguered community. This unworthy petition and its handling by the authorities deserve a brief mention in this report.

One, Nasir Mahmood of Faisal Town, Lahore forwarded a lengthy petition to the Lahore High Court in September naming the DCO, DPO, SHO Chenab Nagar, SHO Mozang Lahore, the editor daily Alfazl, the deputy administrator of Ahmadiyya guest house in Chenab Nagar and the State as respondents.

The petition covers 14 pages including annexes. In brief the petitioner held that:

  1. Ahmadis, just to outrage the religious feelings of Muslims and others, indulge in Qurbani, i.e. sacrificing cattle on Eid. They have no right to perform Qurbani in the manner of Muslims, as guaranteed by the Constitution (sic).
  2. The daily Alfazl was banned by the Govt of Punjab through Notifications issued on 26.11.2011 and 25.06.2014. Despite that, it is still being published.
  3. Qadianis, through these violations injure the sentiments of Muslims; this is against the law, against the rules and against the Shariah.

 

The petitioner is mistaken on all the above three counts:

  1. The Constitution does not guarantee any ban on Ahmadis to perform Qurbani. In fact the Constitution upholds every one’s right to practice his religion.
  2. The unfair ban on the daily Alfazl was stayed by the Lahore High Court on June 02, 2015.
  3. As such, Ahmadis have violated no law, no rules and no provision of Shariah.

The petitioner has thus indulged in wrongful, wasteful and immoral act of attempt to deny basic human rights to an already marginalized community.

The petitioner initially wrote a letter on this subject to the DPO on 12 September 2015. Thereafter he soon put up the petition to the High Court. On the date of hearing, September 23, only the Rabwah police were sent for, while Ahmadis were not asked to be present. The judge directed the DCO and DPO to proceed as per law. Accordingly, the DCO and DPO held a meeting the same day and decided to seek the opinion of the police legal department in Lahore. A letter was written the same day to the Inspector General Police with the request ‘that necessary guidelines may kindly be provided that under what section of law proceedings may be initiated if Qadianis sacrifice animals on the eve of Eid-ul-Azha, please’.

Our comments on the above:

  • The petition invoked the Constitution – wrongly. It deserved to be dismissed summarily.
  • High Courts are reportedly under burden of a great number of important, grave and pressing petitions. Priority given to this petition that a bigot had made to deprive a community of its freedom to practice its faith was undeserved.
  • The LHC orders, issued in Lahore on 23rd, received and pursued the same day in distant Chiniot and follow-up action initiated before the dawn of the next day displayed rapid response but sadly to an undeserving petition.
  • The Chiniot police has asked Lahore legal authorities in Lahore head office to quote the section of law under which proceedings may be initiated against Qadianis if they sacrifice animals. Obviously, there is no law, no section – nothing. The petitioner’s unlawful demand should have been simply filed.
  • It is true that the Punjab Government had issued notifications to ban the daily Al-Fazl. The honorable Lahore High Court came to rescue the daily by its stay order. The Punjab government should seriously reconsider whether its affairs are to be run by enlightened officials and their political masters or by mullas of the Mutahiddah Ulama Board who uphold little except sectarianism, extremism and indirectly, terrorism.
  • The Express Tribune reported that the North Cantonment DSP Mansoor stated that he stopped Ahmadis from Qurbani to prevent unrest in the area. The question arises: Does the police exist only to prevent likely unrest threatened by miscreants, or does it function to facilitate normal, lawful and constitutional practice of freedoms assured in the Constitution.

The Express Tribune reported this case on September 28, 2015 and included in its report the following:

“Similar incidents were reported this year from Sant Nagar, Township, North Cantonment, Mustafa Town and Jauhar Town (all in Lahore). Male members from Ahmadiyya families and their sacrificial animals were reportedly detained by the police. They were released after they submitted a written assurance that they would not slaughter any animal during Eid days.”

Whither religious freedom! Whither National Action Plan! Whither Supreme Court’s laudable decision and directive of June 19, 2014!

 

Acquittal of accused declared guilty of murder

Multan:           Five years ago an Ahmadi couple Dr Naureen Shiraz and Dr Shiraz A Bajwa were found tortured and suffocated to death by assailants at their residence in Wapda Colony, Multan.

The police, after investigation, detained three accused and put them up for trial in an anti-terrorism court. The court found them guilty and awarded death sentence to two of them and life imprisonment to the third.

The accused appealed to the high court against the verdict, and the judge Mr. Qazi Amin acquitted all three of them.

These three and a fourth were also accused of murder of another Ahmadi Mr. Ata ul Karim in Multan. A special court found them guilty and sentenced one of them to death and the other three to imprisonment for life.

As a result of these trials and appeals, one of the accused Mr. Talha got acquitted in both the cases.

It appears that this gang had taken upon itself elimination of prominent Ahmadis in Multan; the police did well in busting it – despite a pro-gang judge in the high court.

 

View of a former high court judge, Nazir Akhtar on blasphemy

Islamabad:                  Following was reported on http://tribune.com.pk/story/968249/sc-questions. Extracts:

SC questions whether individuals have authority to punish blasphemers

Hearing former elite force guard Mumtaz Qadri’s plea, a three-judge bench headed by Justice Asif Saeed Khosa said the main issue in the case is whether individuals can presume the authority to punish a blasphemer.

Justice Khosa expressed apprehension that if people took the authority to punish blasphemers then a “trend will start” which will be “dangerous for society.”

Although agreeing with the court’s apprehension, the counsel for the accused, Nazir Akhtar (a former Lahore High Court judge) said, “Punishing a blasphemer is a religious duty which has to be performed by everyone.”

Mian Nazir Akhtar, arguing Qadri’s plea to overturn the death sentence awarded by an anti-terror court, said that the guard was convinced Taseer had committed blasphemy.

Mian Nazir Akhtar has been mentioned in our monthly reports earlier as well. With such people sitting in high courts, the minority sects become very vulnerable, targets of injustice and are subjected to oppression.

 

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A praiseworthy judgment of Supreme Court – revisited on its first anniversary

 

Last year the Supreme Court came up with a judgment which people called landmark, game changer, historical, etc. It dealt extensively with the issue of minorities. Their lordships provided even a set of directives to implement their verdict. This story, written one year later examines the outcome with particular reference to Ahmadis on whom Pakistani constitution and law imposes the status of non-Muslim religious minority.

 

(With reference to its relevance to the Ahmadi Community)

Islamabad, Rabwah; June 19, 2015:                        On June 19, 2014, a Supreme Court bench of three judges, headed by Mr. Justice Tassaduq Hussain Jillani, Chief Justice, issued a landmark judgment in a case of Suo moto actions concerning some minority communities, however predominantly it was a broad sweep verdict on the rights and status of all minorities. It was clear, well-worded and fairly wholesome, and the worthy judges also issued a set of eight directives, which if obeyed and implemented sincerely and effectively could be game-changers in this field.

Those in attendance included the Attorney General of Pakistan, his deputies, Addl Advocate Generals of the provinces and a few leaders of the affected communities.

            The judgment was unanimous.

In a way, this Judgment could be placed in the same league as the renowned speech of the Quaid-e-Azam on 11 August 1947 in the Constituent Assembly. Unfortunately, both met identical reception and handling by the state institutions and the society.

In their Judgment the judges quoted from the Holy Quran, the Holy Prophet, the Quaid-i-Azam, philosophers like John Stuart Mill, Voltaire, and also referred to a judgment of the US Supreme Court. Hardly any intellectual will doubt its learned literary style, although many pessimists would consider it rather theoretical, on the excuse of pragmatism. In fact all its directives are doable if there is a will to implement them.

The Judgment contains a good deal that is quotable. Some of it should be mentioned here, as that will form the basis of our comments and conclusions. The worthy judges wrote down:

  • One of the famous Fourteen Points enumerated by Mohammad Ali Jinnah on proposed constitutional changes was that “full religious liberty, i.e. liberty of belief, worship and observance, propaganda, association and education shall be guaranteed to all communities.” Furthermore, “adequate, effective and mandatory safeguards should be specifically provided in the Constitution for minorities in these units and in the regions (of the proposed Pakistan) for the protection of their religious, cultural, economic, political, administrative and other rights and interests in consultation with them” as stated in the Resolution adopted by the 27th Annual Session of the AIML (All India Muslim League) at Lahore on 22-24 March 1940, which we now celebrate as Pakistan Day.
  • Regardless of the rights and privileges described in para (a) to (e) above (sic; from the Constitution) the right to religious conscience is a right equally granted to all citizens, religious denominations and sects.
  • The Supreme Court of Pakistan has invoked International Human Rights norms in numerous cases.
  • The right to religious conscience is a fundamental right. It has not been subjected or subordinated to any other provision of the Constitution because it is only subject to law, public order and morality and not to any religious clauses of the Constitution. The very term law, public order and morality has been used in non-religious terms as the notion of law or public order or morality is not reducible to the Islamic meanings of these terms. Therefore Article 20 has a certain preeminence in the Constitution being only subjected to the general restriction of law, public order and morality, which three terms cannot be interpreted or used in such a restrictive way as to curtail the basic essence and meaning of the preeminent right to religious conscience.
  • The right to profess and practice is conferred not only on religious communities but also on every citizen. What this means is that every citizen can exercise this right to profess, practice and propagate his religious views even against the prevailing or dominant views of its own religious denomination or sect. In other words, neither the majority religious denominations or sect nor the minority religious denomination or sect can impose its religious will on the citizens.
  • The right of religious conscience conferred on every citizen is a right conferring three distinct rights i.e. Right to Profess, Right to Practice and Right to Propagate. What this means is that Article 20 does not merely confer a private right to profess but confers a right to practice both privately and publicly his or her religion. Moreover, it confers the additional right not only to profess and practice his own religion but to have the right to propagate his or her religion to others. It is important to note that this propagation of religion has not been limited to Muslims having the right to propagate their religion but this right is equally conferred on Non-Muslims to propagate their religion to their own community and to other communities…
  • …However, the defining feature of a democratic governance is complete dedication and adherence in everyday life to the seminal principles of equity, justice and inclusion of all irrespective of their colour, creed, caste, sex or faith. The sustainability of democracy depends on how best these challenges are met.
  • The Judgment quoted the daily Dawn of June 9, 2014: “While not every hateful word can or does lead to violence there is surely more than just a correlation between the amount of hate speech against and the violence suffered by groups such as Ahmadis and other religious minorities.”  “It is because of effective state action that despite elaborate textual guarantees for minorities’ rights, empirical realities reflect a mixed bag, rather a dismal state of affairs,” the judges wrote.
  • The afore-said report and other incidents of faith ethnic based violence indicate that mere textual pledges in the Constitution, though important are not enough to ensure that these rights would be honoured in practice. It is therefore, important that the concerned governments/institutions take proactive lead to ensure that those rights are respected and enjoyed in practice.
  • It requires a strong moral courage for an individual or a nation to apologize for having wronged a community. It is time for us as a nation and as individuals to have a moment of reflection, a moment of soul-searching and perhaps a moment of seeking to ask ourselves; have we lived by the pledges made in the Constitution and by the vision of the Quaid-i-Azam Mohammad Ali Jinnah, the founder of this country who in his first address to the Constituent Assembly on 11.08.1948 (sic) said: “you are free; you are free to go to your temples. You are free to go to your mosques or to any other place of worship in this State of Pakistan. You may belong to any religion or caste or creed – that has nothing to do with the business of the state.”
  • For what has been discussed above, we hold, declare and direct:
  1. The Federal Government should constitute a task force tasked with developing a strategy of religious tolerance;
  2. ……
  • The Federal Government should take appropriate steps to ensure that hate speeches in social media are discouraged and the delinquents are brought to justice under law;
  1. ……
  2. A Special Police Force be established with professional training to protect the places of worship of minorities.
  3. The office shall open a separate file to be placed before a three Members bench to ensure that this judgment is given effect to in letter and spirit and the said Bench may also entertain complaints/petitions relatable to violations of Fundamental Rights of minorities in the country.
  • …..
  • …..

Chief Justice                                         Judge                                       Judge

This verdict of the Supreme Court was the most forthright and elucidatory on the subject of minorities. It was the need of the time, as a host of religious bigots, over the decades, had succeeded in making the issue debatable and controversial. Although the SC added little to the existing requirements of the constitution, the judges cleared all the existing doubts and dilutions. They even issued clearly worded directives to improve the prevailing situation of intolerance and violence in the society. Surely, if this Judgment had been implemented in letter and spirit, the tragedy of the Army Public School in Peshawar could have been averted. But that did not happen.

In a way, the SC judges have done their duty. Their verdict requires promotion of religious and sectarian toleration, discourages hate speech, calls for protection of places of worship and requires prosecution of the delinquents.

Before we proceed further it would be in order to quote an extract from the Judgment to illustrate the mindset of some in important positions in the administration:

“8…For instance the Court was surprised when the learned Additional Advocate General, Sindh on Court enquiry submitted that the desecration of places of worship of minorities was not blasphemous and not an offence under the Pakistan Penal Code. When he was confronted with Section 295 PPC he had nothing to say but to concede that desecration of places of worship of even a non-Muslim is an offence under the PPC.

“9. There is a general lack of awareness about minority rights among the people and those entrusted with enforcement of law are also not fully sensitized to this issue either….”

Now we move on to what happened after this Judgment.

In the famous Aasia Bibi case, the trial court had awarded this Christian woman death penalty for blasphemy. She challenged the verdict in Lahore High Court. In October 2014, four months after the SC Judgment, the LHC bench headed by Justice Anwarul Haq rejected her appeal and upheld the death penalty. The Daily Times reported: “Court dismisses counsel’s argument that trial court awarded sentence despite lack of evidence.”

We are in a position to accurately report here numerous incidents in which members of the Ahmadiyya community were targeted or involved during the past one year. Although a lot happened which would need hundreds of pages to describe in essential detail such events, we can mention here only a few samples, rather briefly, to conserve space and time of the reader.

Also relevant is the mention that the Ahmadiyya community refuses to admit that it is a non-Muslim minority, nevertheless the constitution and the law impose this status on them, so it would not be out of place to look at the experience of the Ahmadiyya community with reference to the Judgment of the Supreme Court.

  • Only five weeks after the SC Verdict, on July 27, 2014, mullas precipitated a riot in Gujranwala in which a mob attacked Ahmadi residents of Arafat Colony, looted their homes and properties and then set them on fire. As a result one woman and her two granddaughters including a 7-month old baby were asphyxiated to death. All this happened in the presence of police who acted silent spectators. Ahmadis had to flee from the neighborhood, and for months authorities did little to facilitate their return to their homes. None of the rioters or their leaders was arrested after the mayhem. The Ahmadi youth who was wrongfully accused of blasphemy was arrested.

A scene of the riot. Punjab Police officials in foreground can be seen at peace and harmony with the mob

 

  • 8 Ahmadis were murdered for their faith in the past one year. No perpetrator has been traced.
  • The bailiff of the district court razed the minarets and the arch (mehrab) of the Ahmadiyya mosque in Pachnand, District Chakwal. Four police vans arrived on May 4, 2015 and blocked the streets leading to the mosque before the policemen and members of the Elite Force set off a one-and-a-half hour raid to demolish and defile the structures.
  • A five-man team was sent by the DCO Chiniot to an Ahmadi’s shop ‘Hafeez Battery Centre’ with orders to notice Quranic verses on the shop’s shutters. The same night, at around 9 p.m. two police vans arrived at the shop and the policemen covered the holy verses with black paint. This was done on December 31, 2014.
  • Mansur Ahmad was sentenced to one year’s imprisonment and Rs. 20,000 fine under Ahmadi-specific law PPC 298-C by Mr. Afzal Majoka, Magistrate in Mankeera, District Bhakkar. Mr. Ahmad was thereafter detained by the police and sent to prison. It is relevant to mention that the primary witnesses of the prosecution decided not to show up in the trial. The complainant mulla whose word was accepted by the magistrate was not an eye-witness to the incident.
  • Khuda Abad, District Badin: A case was registered in Police Station Tando Bhago against five Ahmadis, Mr. Muhammad Idrees Gurgaiz, Mr. Muhammad Abbas Gurgaiz, Mr. Muhammad Khan Gurgaiz, Mr. Mushtaq Ahmad Gurgaiz and the local Ahmadi missionary with FIR No. 96/14 under PPC 298-C on July 24, 2014.

The case was registered by the police on the call of the press secretary of JUI (a politico-religious party) Muhammad Ramzan. Ramzan claimed that Ahmadis consider their place of worship a mosque; they say Azan to call worshippers to prayers; they teach the Holy Quran there, etc. According to this accuser, he went to the Ahmadiyya mosque and saw the accused offering prayers therein; thereafter the missionary made a speech wherein he invited Muslims to join them and avail many facilities and assistance – rubbish, of course.

Khuda Abad is located in the province whose Addl Advocate General’s connaissance of human rights was noticed and commented upon by the SC Judges (quoted earlier).

  • Six Ahmadis were arrested in religion-based case in Chak 109/GB District Faisalabad; April 20, 2015. The construction work of local Ahmadiyya mosque remained interrupted for the last two years due to police intervention.  There was no boundary wall on one side of the mosque, which became a serious security concern. The local Ahmadiyya community decided to build the wall to make the mosque safe. When 80% work was complete, the opponents called the police to the site, who stopped the work. The police took away Mr. Abdul Rauf, the president of the local Ahmadiyya community and another official, Mr. Ikram for interrogation.

On April 20, 2015 a gang of 20 men of the majority sect came to the mosque on motorcycles, indulged in intensive firing in the air, demolished the newly constructed wall and fled.  Ahmadis telephoned 15 and called the police. The police called both the parties to the police station. After negotiations, at about 10 p.m. the police arrested five Ahmadis who had gone there to negotiate. These were Mr. Rafiq Kahlon, Mr. Abdul Rauf, Mr. Bilal Ahmad, Mr. Luqman Ajmal and Mr. Masood Ahmad. The police did not allow other Ahmadis to meet them. The police then raided the house of another Ahmadi, Mr. Ikram and arrested him too.

Thereafter the police registered an FIR against 13 nominated and 10 unknown Barelvis and the six Ahmadis mentioned above and five unnamed, under CrPC 148, 149, 324/337-H, 7-ATA and 16-MPO. Justice a la Punjab Police!

  • Since the SC Judgment, 18 Ahmadis have been booked in 5 cases under the anti-Ahmadi laws, religious laws and religion-based accusations, some of which carry upto 10 years’ imprisonment sentence. Imagine the plight of the victims. These cases are similar to the two mentioned above.
  • Hateful rallies in Rabwah, the Ahmadiyya Community centre in Pakistan. Despite the Supreme Court verdict, the Punjab administration allowed rabidly anti-Ahmadi mullas to hold a rally on 23, 24 October 2014 in Rabwah where 95% of the population is Ahmadi. The clerics transported their audience to Rabwah from other towns and cities.

According to one reporter, the speakers said: “Qadianis are a deceitful lot; they spread their falsehood all over the world through the internet. Qadiani is an accursed group. Mirza Qadiani was a false prophet; he claimed at times to be Masihe Mauood, at others Mehdi Mauood. Qadianis are agents of Jews and Christians. They are fully supported by Britain, America and Israel. They are gradually strengthening their roots in other countries. If they are not smashed up today, they will overpower the Muslims.”

In addition, the speakers asserted: “Islamic system should be imposed in the country. Boycott all products of Mirzais. Qadianis are traitors of the Constitution and the country, hence they were declared apostates on 7th September 1974. A blasphemer and claimer of Prophethood deserves death penalty.”

The mullas availed the occasion to peddle their national and international political ware. They said the following which is translated from their own press release    published in the dailies Khabrain, Lahore of October 24, 2014 and ‘Pakistan’ of October 25, 2014, inter alia:

  • The acquittal of Mumtaz Qadri, the lover of the Prophet, (the one who assassinated Governor Taseer) is the demand of the whole nation. No one will be allowed to blaspheme against the Holy Prophet (PBUH) in the name of human rights and freedom of religion.
  • Qadianis should be fired from the interior ministry, railways, CBR, embassies and also from the armed forces for their denial of Jihad.
  • Muslims, despite all their faults, are ready to die for the honour of Prophethood and consider it rewarding here and in the Hereafter.
  • Some Qadianis and secular staff on certain TV channels are giving exposure to liberal religious scholars who use European terms and make Islamic beliefs and settled issues controversial so as to lower the esteem of the Ulama Karam, religious seminaries and Islamic traditions among the youth and the new generation.
  • Qadianis places of worship in Lahore, Karachi, Rawalpindi, Islamabad and especially Chenab Nagar should be cleared of Israeli and foreign weaponry.

The resolution passed in the conference included the following, inter alia:

  • Punishment for apostasy (i.e. death) should be implemented in accordance with the recommendations of Council of Islamic Ideology.
  • Qadiani hand in the terrorism/deaths in the country may not be taken lightly. Wherever there is religious terrorism, Qadiani leadership should be questioned in the enquiry; several blind cases would thereby get traced.

 

  • Eye-witness account of the 33rd Annual Khatme Nabuwwat Conference. We produce here translation of statements made by the participant mullas and reproduced by Naeem in his article published in the daily Insaf on November 2, 2014, inter alia:
  • Maulana Rashad Madni of Tando Adam said that Qadianis educate their youth in their educational institutions to murder those who are not followers of Mirza Qadiani; they instigate their youth to kill Muslims.
  • Sahibzada Mubashir Mahmood Tariq stated that deniers of the end of prophethood and blasphemers against the prophet (Ahmadis) are a product of night clubs…. He further said “It is a sign of faith (Iman) and a call of religious ardour and honour to bear hostility and express hatred against blasphemers of the Prophet.”
  • Maulana Noor Muhammad Hazarvi said, “Extremist Qadianis, rather than accepting their minority status under the constitution, are acting like ‘insurgents at war’.”
  • Qadianis, through clandestine employment in the nuclear establishment are secretly and quietly busy in dreadful conspiracies against national security.
  • The Foreign Ministry should locate, through diplomatic sources, Pakistani Qadianis in various Saudi Arabian cities, who are busy in conspiracies against the sanctity of the two Holy Shrines (Hermain Sharifain).
  • Maulana Abdul Shakoor Haqqani said, “Die-hard Qadianis occupying key posts, paid from state treasury are providing shelter to Qadianis. Through unity and solidarity we must nourish the campaign to protect the honour of Prophethood (Namus Risalat).”

If the above is not violation of country’s law PPC 153-A, what else is? It seems the Addl. Advocate General Punjab is not aware of it, as no action was taken against these mullas. A similar conference was held earlier in Rabwah on 7 September 2014. Early in 2015, after APS Peshawar tragedy, National Action Plan was implemented which essentially supported all that the Judgment had ordained, still only a fortnight later the authorities allowed the mullas to hold a number of very hostile anti-Ahmadi rallies in Rabwah on January 4, 2015. The clerics were reported by the media to have said:

This mission will continue until the liquidation of the deniers of the Khatme Nabuwwat: Maulana Zahid ur Rashidi

                        The daily Islam; Lahore, January 8, 2015

Mirza Qadiani was not only a liar but also the Great Deceiver: Maulana Mufti Muhammad Zahid

                        The daily Islam; Lahore, January 8, 2015

The imperialist America and its allies have crossed the limit in transgression against Muslims; the Qadiani group is part of them attacking the beliefs of Muslims: Syed Muhammad Kafil Bukhari

                                    The daily Pakistan; Lahore, January 16, 2015

Several resolutions were made in the rally and published in the daily Aman of Faisalabad, January 07, 2015. Translation of some of these follows:

  • The blasphemers should be given death punishment.
  • Mumtaz Qadri (the murderer of Governor Salman Taseer) should be set free.
  • A record of all persons attached with Qadiani (educational) institutes in Chenab Nagar and all over the country should be checked.
  • Qadianis should be stopped from using the Kalima and other Islamic epithets.
  • Qadianis should be removed from key posts in civil services and in the armed forces, as also from the foreign service.
  • Qadiani conspiracies are on the increase in the country; these should be stopped as these are responsible for the political instability.
  • The activities of blasphemers and apostates are on the increase as a result of dual policy of the government.

Rabwah is not the only place where such anti-Ahmadiyya conferences are held. Below we mention some of the locations where anti-Ahmadi rallies were held in the Punjab in just one month (April):

 

Date                            Location                                 Sponsor

2 April                         Chichawatni                            Khatme Nabuwwat Organization

4 April                         Narowal                                  Khatme Nabuwwat Organization

4 April                         Qasur                                       Khatme Nabuwwat Organization

7 April                         Lahore                                     Markaz Khatme Nabuwwat

12 April                       Toba Tek Singh                       Khatme Nabuwwat Organization

16 April                       Lahore                                     Jamia Ashrafia

18 April                       Hafizabad                               Khatme Nabuwwat Organization

18 April                       Qasur                                       Khatme Nabuwwat Organization

21 April                       Faisalabad U/C 205                JUI

22 April                       Qasur                                       Jamia Rahimia

24 April                       Jhang Sadar                             IKNM

26 April                       New Muslim Town, LHR       Ahrar

26 April                       Lahore                                     Ulema/Madinah Conference

26 April                       Chenab Nagar                         Jamia Islamia

26 April                       Nankana Sahib                        Khatme Nabuwwat Organization

29 April                       Lahore                                     AMTKN

30 April                       Faisalabad                               Jamia Usmania

Hateful sectarian propaganda is extensively done and reported in the press. The authorities show no concern with the Supreme Court Judgment that exhorts federal and provincial governments to curb intolerant hateful rhetoric. Here are a few samples:

Qadianis are traitors of the constitution. They should be decimated in every field: I.K.N. Conference

The daily Insaf; Lahore, October 12, 2014

Disclosure: Qadianis burn alive those who convert to Islam. In 2011, Ahmad, Nadeem and Hafeez were burnt alive.

The daily Insaf; Lahore, September 9, 2014

Qadianis are opposed to Jihad; they are enemies of Islam and Pakistan.

The daily Insaf; Lahore, September 13, 2014

7 September is a day of humiliation and ignominy for the deniers of Khatme Nabuwwat (Qadianis): (Mulla) Zahid Qasimi (on state payroll)

The daily Jang; Lahore, September 4, 2014

Chenab Nagar will not be accepted as another Israel: (Mulla) Shabbir Usmani

The daily Ausaf; Lahore, August 9, 2014

Qadianis are involved in murders of Ulama Karam: Qari Mushtaq

The assassins of Dr Khalid Soomro should be arrested and punished immediately.

The daily Al-Sharaq; Lahore, December 4, 2014

All schools of thought should make united efforts to break the skull of the Qadiani mischief: Khatme Nabuwwat Movement

The daily Jinnah; Lahore, December 4, 2014

Qadianiat is the worst evil (fitna) in the world: Maulana Abdul Hafiz Makki (IKNM)

The daily Islam; Lahore, January10, 2015

Appointment of Qadianis consuls: Protest by Khatme Nabuwwat Movement

How can Qadiani consuls represent the Islamic Republic of Pakistan? Statement released to the media

The daily Islam; Lahore, February 12, 2015

Convert or face consequences, Ahmadis told (in KN conference in Lahore)

The daily Pakistan; Lahore, February 28, 2015

Qadianis are snakes up the sleeve and deadly poison against the Muslim Ummah: Qari Abdul Waheed Qasmi (of AMKN, Islamabad)

The daily Ausaf; Lahore, March 14, 2015

The above are only samples. The vernacular press last year, according to the account kept by the Ahmadiyya central office, published approximately 2000 news stories and hate material or news based on bias and hatred of Ahmadiyyat. Some of these openly contained grave threats.

To this, Ahmadiyya response is as in the Al-Quran: “And if they contend with thee, say, Allah knows best what you do. Allah will judge between you (and me) on the Day of Resurrection concerning that about which you differ.” (Al-Hajj 69, 70)

  • Electronic media joined in the evil campaign. Broadcaster Aamir Liaqat Hussain brazenly produced a TV program and GEO TV telecast it on December 22, 2014, in which a mulla Arif Owaisi called Ahmadis ‘joint enemy of all Muslims and Pakistan’. The mulla stated that Ahmadis, Jews and the U.S. were behind the Peshawar massacre. Aamir Liaqat supported this rubbish and led the spectators in applause. Sure enough, within 5 days an Ahmadi was killed in District Gujranwala.

Ahmadis appealed to PEMRA for action against the telecaster and the GEO. The PEMRA council found the accused guilty, but found a ‘censure’ sufficient as penalty.

  • The hate campaign is not restricted to rallies and the media. It is taken unabashedly to the Bazaar where Bazaaris display the hateful posters on their shops – and the authorities simply take no notice. For example:

Posters displayed at some shops in Pakistan: (No dealings of any kind here with Qadianis … Love of the Prophet demands total boycott of Qadianis)

In article by Waqar Gillani in The News International of August 10, 2014

  • The authorities continued to provide all the facilities to religious bigots to indulge in their hateful drive. In evidence, we produce picture of such a conference held in state-managed Aiwan-i-Iqbal in Lahore on February 26, 2015. The facility was provided to religious extremists who in turn are half-brothers of terrorists.

In the conference Mulla Ilyas Chinioti (PML-N MPA) thundered, “Then they (Qadianis) must give up their faith and become Muslims, or face consequences.” Ameer Hamza said, “One of the reasons why they (Jihadists) wanted to wage Jihad against India was to demolish the graves of Mirzai leaders in Qadian.”

Ameer Hamza addressing 53rd Fatah Mubahala wa Kahtam-e-Nabuwwat Conference at Aiwan-e-Iqbal.PHOTO: INP

 

  • Last but surely not the least, the Government of the Punjab committed an outrageous act of persecution against the marginalized Ahmadiyya community on May 8, 2015 when it proscribed all the 23 volumes of the written and spoken words of the founder of the community. It admittedly took this action on the direction of the Mutahiddah (Joint) Ulama Board. In addition, a book ‘Tazkarah’ was also proscribed. This book contains all the dreams, visions and revelations of Hazrat Mirza Ghulam Ahmad of Qadian. In addition, the authorities banned Ahmadiyya daily and monthly periodicals Khalid, Ansarullah and Tehrik Jadeed. These books include the one in which the Founder of the community firmly stated that terrorism was not justified in Islam on any ground and also this was no time and there was no justification to undertake violent jihad; ‘the jihad of purifying your soul must continue’, he wrote – and the Government of Punjab banned this edict that promoted peace and piety.

 

While closing this brief study, it may be mentioned that this Supreme Court Judgment received major support in the form of National Action Plan that came into being in December 2014, through broad political consensus after the APS Peshawar massacre. However, Chief Justice Jillani has retired. The federation and the Punjab are ruled by Mian brothers. General Raheel Sharif is busy in operation Zarb e Azb in North Waziristan.

There is no shortage of good words and rhetoric in support of plans and directives. However there is an obvious lack of will and commitment to do the needful. Pakistani civil society and establishment, largely well meaning, seem unwilling and unable to act decisively and with a spirit of sacrifice. One can only pity a people who have lost the capability of paying due attention to wise counsel and dictates of its high judiciary.

          To conclude, we quote an apt story from the book: I am Malala:

One day my father asked, “Malala, can you sing us some Pashto tapey?” I sang a verse we liked: “When you start your journey from the end of a snake’s tail. You end up on its head in an ocean of poison.”

     YOUSAFZAI, Malala, I am Malala; p.249