IN THE EYES OF LAW
Historical, Widgments of High (Coats
level SMariat, Courk andi
“Supreme Court of PakistanCONSTITUTION OF PAKISTAN
Act No. XLIX of 1974
An Act further to amend the Constitution of the Islamic
Republic of Pakistan
WHEREAS it is expedient further to amend the
~ Constitution of the Islamic Republic of Pakistan for the purposes
hereinafter appearing:
It is hereby enacted as follows:
Short title and commencement
_1-(1}) This Act may be called the Constitution (Second
Amendment) Act, 1974.
(2) It shall come into force at once.
Amendment of Article 106 of the Constitution
2 In the Constitution of the Islamic Republic of Pakistan,
hereinafter referred to as the Constitution, in Article 106,
in clause (3}, after the word “communities”, the words
and brackets “and persons of he Qadiani group or the
Lahori group (who call themselves ‘Ahmadis’)” shall be
inserted.
Amendment of Article 260 of the Constitution
3. In the Constitution, in Article 260, after clause (2), the
following new clause shall be added, namely:
(3) “A person who does not believe in the absolute and
unqualified finality of the Prophethood of Muhammad
(peace be upon him) the last of the Prophets or claims to
be a prophet, in any sense of the word or of any
description whatsoever, after Muhammad {peace be
upon him), or recognizes such a claimant as a prophet or
a religious reformer, is not a Muslim for the purposes of
the Constitution or law.”CONSTITUTION OF PAKIST,
268(3) In the Constitution and all enactments and other legal
instruments, unless there is anything repugnant in the
subject or context:
@
()
“Muslim” means a person who believes in the
unity and oneness of Almighty Allah, in the
absolute and unqualified finality of the
Prophethood of Muhammad (peace be upon
him), the last of the prophets, and does not
believe in, or recognize as a prophet or religious
reformer, any person who claimed or claims to
be a prophet, in any sense of the word or of any
description whatsoever, after Muhammad (peace
be upon him) and
“non-Muslim” means a person who is not a
Mustim and includes a person belonging to the
Christian, Hindu, Sikh, Budhist or Parsi
Community, a person of the Qadiani group or
the Lshori group (who call themselves
‘Ahmadis’ or by any other name), or a Bahai,
and a person belonging to any of the scheduled
castes,CONSTITUTION GE PAKISTAN
Act No, XLEX of 1974
An Act further to amend the Constitution of the Islamic
Republic of Pakistan
WHEREAS it is expedient further to amend the
Constitution of the Islamic Republic of Pakistan for the purposes
hereinafter appearing:
It is hereby enacted as follows:
Short title and commencement
1.41) This Act may be called the Constitution (Second
Amendment) Act, 1974.
(2) It shall come inte force at once.
Amendment of Articie 106 of the Constitution
z In the Constitution of the Islamic Republic of Pakistan,
hereinafter referred to as the Constitution, in Article 106,
in clause (3), after the word “communities”, the words
and brackets “and persons of he Qadiani group or the
Lahori group (who call themselves ‘Ahmadis’)" shall be
inserted.
Amendment of Article 260 of the Constitution
3. In the Constitution, m Article 260, after clause (2), the
following new clause shall be added, namely:
(3) “A person who does not believe in the absolute and
unqualified finality of the Prophethood of Muhammad
(peace be upon him) the last of the Prophets or claims to
be a prophet, in any sense of the word or of any
description whatsoever, afler Muhammad (peace be
upon him), or recognizes such a claimant as a prophet or
a religious reformer, is not a Muslim for the purposes of
the Constitution or law.”CONSTITUTION OF PAKISTAN
260(3) In the Constitution and all enactments and other legal
instruments, unless there is anything repugnant in the
subject or context:
(a)
{b)
“Muslim” means a person who believes in the
unity and oneness of Almighty Allah, in the
absolute and unqualified finality of the
Prophethood of Muhammad (peace be upon
him), the last of the prophets, and does not
believe in, or recognize as a prophet or religious
reformer, any person whe claimed or claims to
be a prophet, in any sense of the word or of any
description whatsoever, after Muhammad (peace
be upon him) and
“non-Muslim” means a person who is not a
Muslim and includes a person belonging to the
Christian, Hindu, Sikh, Budhist or Parsi
Community, a person of the Qadiani group or
the Lahori group {who call themselves
‘Ahmadis’ or by any other name), or a Bahai,
and a person belonging to any of the scheduled
castes.P. STAN PENAL CODE
295(C) Use of derogatory remark etc. in respect of the Holy
Prophet.
Whoever by words, either spoken or written, or by
visible representation, or by any imputation, innuendo, or
insinuation, directly or indirectly, defiles the sacred name of the
Holy Prophet Muhammad (peace be upon him) shall be punished
with death, or imprisonment for life, and shall aiso be liabie to
fine.
298¢B) Misuse of epithets, descriptions and titles, etc.,
reserved for certain holy personages or places.
Any person of the Qadiani group or the Lahori group
(who cali themselves ‘Ahmadis’ or by any other name)
who by words, ¢ither spoken or written, or by visible
representation.
ay
(a)
(b)
(ey
(4)
shall
refers to, or addresses, any person, other than a
Caliph or Companion of the Holy Prophet
{peace be upon him), as “Ameer-ul-Mumineen’,
“Khalifat-ul-Mumineen’. .
‘Khalifat-ul-Muslimeen, ‘Sahaabi’ or ‘Razi
Allah Anho’;
refers to, or addresses, any person, other than a
wife of the Holy Prophet Muhammad (peace be
upon him), as Ummul-Muninnen;
refers to, or addresses, any person, other than a
member of the family (Ahle-bait) of the Holy
Prophet Muhammad (peace be upon him), as
Ahile-bait, or
refers to, or names, or calls, his place of worship
as Masjid;
be punished with imprisonment of cither
description for a term which may extend to three years,
and shall also be liable to fine.(2) Any person of the Qadiani group or Lahori group (who
call themselves ‘Ahmadis’ or by any other name} who
by words, either spoken or written, or by visible
representation, refers to the mode or form of call to
prayers followed by his faith as "Azan’ or recites Azan
as used by the Muslims, shall be punished with
imprisonment or either description for a term which may
extend to three years and shall also be hable to fine.
298(C) Person of Qadiani group, etc., calling himself a
Muslim or preaching or propagating his faith.
Any person of the Qadiani group or the Lahori group
(who call themselves ‘Ahmadis’ or by any other name), who,
directly or indirectly, poses himseff as a Muslims, or calls. or
refers to, his faith as Islam, or preaches or propagates his faith,
or invites others to accept his faith, by words, either spoken or
written, or by visible representations or in any manner
whatsoever outrages the religious feelings of Muslims shall be
punished with imprisonment of either description for a term
which may extend to three years and shall also be liable to fine.
SUPREME COURT OF PAKISTAN
“So, if any Ahmadi is allowed by the administration or
the law to display or chant in public, the “Shaa’ire Islam. it is
like creating a Rushdi’ out of him. Can the admunistration in
that case guarantees his life, liberty and property and if so at
what cost? Again, if this permission is given to a procession or
assembly, on the streets or a public place, it is like permitting
civil war.”
Mr. Justice Abdul Qadeer Ch,
Mr, Justice Muhammad Afzal Lone
Mr, Justice Wali Muhammad Khan
Mr. Justice Saleem Akhtar
Mr. Justice Shafi-ur -Rehman
(1993 S\CM.R 1718)PAKISTAN PENAL CODE
295(C) Use of derogatory remark ete. in respect of the Holy
Prophet.
Whoever by words, either spoken or written, or by
visible representation, or by any imputation, innuendo, or
insinuation, directly or indirectly, defiles the sacred name of the
Holy Prophet Muhammad (peace be upon him) shall be punished
with death, or imprisonment for life, and shall also be liable to
fine.
298(B} Misuse of epithets, descriptions and titles, ete.,
reserved for certain holy personages or places.
a Any person of the Qadiani group or the Lahori group:
(who call themselves ‘Ahmadis’ or by any other name)
who by words, either spoken or written, or by visible
Tepresentation.
{a) refers to, or addresses, any person, other than a
Caliph or Companion of the Holy Prophet
(peace be upon him), as "Ameer-ul-Mumineen’,
‘Khalifat-ul-Mumineen’.
“Khalifat-ul-Muslimeen, ‘Sahaabi’ or ‘Razi
Allah Anho'’; ,
(b) refers to, or addresses, any person, other than a
wife of the Holy Prophet Muhammad (peace be
_ ¥pen him), as Ummul-Muninnen;
{c) refers to, or addresses, any person, other than a
member of the family (Able-bait) of the Holy
Prophet Muhammad (peace be upon him), as
Able-bait; or
(dy refers to, or names, or calls, his place of worship
as Masjid;
shall be punished with imprisonment of either
description for a term which may extend to three years,
and shall also be liable to fine.