Islamabad, Sep 11 (SocialNews.XYZ) Pakistan's Federal Constitutional Court (FCC) has endorsed the Punjab government's ban on a 23-volume publication of the minority Ahmadiyya community. The division bench dismissed petitions filed by the Ahmadiyya community against the provincial government's ban, a report has claimed.
The Ahmadiyya petitioners had approached the court against the Lahore High Court and Multan Bench decision, which dismissed their cases on grounds that included considerable delay and failure to use legal means within the prescribed limitation period.
In the petitions, the Ahmadiyya community said that the ban imposed by the Punjab government violated their right to religious freedom under Article 20. The FCC said a decision on whether Article 20 had been violated needed analysis of the validity, strength and reasoning underlying the bans and forfeiture under the CrPC and relevant ordinance. The court said that it dismissed the petitions as petitioners had not brought the actual material before the court through the appropriate legal remedies, according to a report in Christian Daily International.
It slammed the petitioners' lawyer for making arguments regarding fundamental rights and religious freedom instead of showing the content of the publication and explaining its alleged effect. The judges said that the claim that the executive had violated the religious freedom of petitioners was "an afterthought" and contended that the argument amounted to a general discourse on fundamental rights and Article 20.
The court said that it was not able to determine the constitutional question in the manner requested by the petitioners, considering the procedural failures and lack of relevant material, according to a report in Christian Daily International.
On September 7, the United Nations experts expressed grave concern over continued discrimination, violence, and legal restrictions targeting members of the Ahmadiyya Muslim community in Pakistan, while calling on authorities to ensure their safety and uphold the country's international human rights commitments.
"We are deeply concerned by persistent reports that members of the Ahmadiyya community continue to face harassment, criminal prosecution, violence, and exclusion because of their religious identity," the experts said.
"Every individual has the right to freedom of thought, conscience, religion, or belief. No one should be subjected to discrimination, intimidation, or violence, nor should they be prevented from peacefully manifesting their faith, or face discrimination with respect to any of their human rights," they added.
The experts cited reports of ongoing attacks on Ahmadi places of worship, desecration of graves and disruption of religious observances, including during Eid-ul-Fitr and Eid-ul-Adha.
They also flagged arrests and prosecutions of Ahmadis over religious practices or identity, alongside hate speech against the community.
The experts stressed the need for effective measures to prevent violence, ensure accountability, and protect vulnerable communities across Pakistan.
"The State has a responsibility to exercise due diligence to prevent human rights violations, investigate allegations promptly and impartially, prosecute those responsible in accordance with international standards, and provide effective remedies to victims," the experts said.
"Pakistan must break the pattern of impunity that has allowed perpetrators of attacks and incitement to hatred and violence to act without restraint. These attacks take place with tacit official complicity whilst the cycle of fear prevents people and institutions from upholding the rights and dignity of these minority groups," they noted.
The experts called on the Pakistan government to ensure that all individuals, regardless of their religion or belief, enjoy equal protection under the law without discrimination.
Source: IANS
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