Plea in SC seeks correction in Mubarik Sani case judgment

ISLAMABAD: An application was filed in the Supreme Court seeking correction in its judgment delivered on July 24, in a review petition of Punjab government in Mubarik Sani’s case.

The application was filed by Anis Muhammad Shezad, Advocate-on-Record (AOR), which prayed the apex court that in light of the binding precedents in the cases of Mujib ur Rehman vs. Government of Pakistan reported as PLD 1985 FSC 8 and of the court in Zaheer ur Din vs the State reported as 1993 SCMR 1718 endorsed by the court in its judgment in the titles and connected criminal review petitions, such portions of the judgment may kindly be omitted from the judgment passed in the Criminal Review Petition No. 2/2024 and the connected petitions.

Additional Advocate General Punjab, Ahmed Raza Gillani however, told The News that the Punjab government has not filled this application seeking omission of such portions from the judgment.

Meanwhile, the Supreme Court has fixed the instant application for hearing on August 22 before a three-member bench headed by Chief Justice Qazi Faez Isa and comprising Justice Irfan Saadat Khan and Justice Naeem Akhtar Afghan.

The court has issued notices to Additional Prosecutor General Punjab, Deputy Attorney General as well as Anis Muhammad Shahzad (AOR). It was submitted in the application that the titled and connected criminal review petitions were decided through a consolidated judgment announced in the open court on July 24, where by the titled criminal review petition was accepted and CRP No. 3 and 4 of 2024 were dismissed and miscellaneous applications filed therein were disposed of.

It was further submitted that the court has held, in paragraph 49 of the judgment that the judgments of the Federal Shariat Court in the case of Mujib ur Rehman vs. Government of Pakistan reported as PLD 1985 FSC 8 and of this court in Zaheer ur Din vs. The State reported as 1993 SCMR 1718 are binding precedents and that the court has not deviated from the aforesaid binding precedents in its judgment/order dated Feb 6, 2024, passed in Crl. Petition No. 1054-L of 2023.

“However, some observations and findings contained in some paragraphs of the judgment in the titled criminal review petition appears to be an accidental error being contrary to the above mentioned precedents endorsed by this court in its judgment passed in the titled criminal review petition”, says the application adding that such portions of the judgment in the titled criminal review petition merits correction by this court.

It was further submitted that many leading religious scholars including Mufti Muhammad Taqqi Usmani, Darul Uloom Karachi, Maulana Fazlur Rehman of JUI, Ameer Jamaat Islami, Hafiz Naeem ur Rehman, Professor Sajid Mir, Ameer Jamiat Ahle Hadis Pakistan, Maulana Anwarul Haq, Darul Uloom Haqania, Akhora Khattak as well as Members of Parliament have requested the federal government to approach the court and highlight some portions of the judgment, which merit correction.