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Official Citation: 2024 CLC 1648
Court / Jurisdiction: Lahore High Court
Year of Decision: 2024
Decision Date: 2024-06-20
Parties: Rizwan Ahmed vs Federation of Pakistan and others
Ruling Summary: This decision was rendered by the Lahore High Court on 2024-06-20, officially reported as 2024 CLC 1648. In this matter between Rizwan Ahmed and Federation of Pakistan and others, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2024 CLC 1648
Court Name: Lahore High Court Judge(s): Mirza Viqas Rauf Title: Rizwan Ahmed vs Federation of Pakistan and others Case No.: Review Application No.04 of 2024 Date of Judgment:2024-06-20 Reported As: 2024 CLC 1703 Result: Order Accordingly
Judgment
ORDER MIRZA VIQAS RAUF, J. This application is in terms of Section 114 read with Order XLVII of the Code of Civil Procedure (V of 1908) seeking review of the judgment dated 12th June, 2024 passed in Writ Petition No. 167 of 2024.[1] 2. The grievance agitated by the applicant in this application is restricted to Paras Nos.4, 12 and 14 of the reproduced portion of judgment reported as Mst. Balqis Fatima v. Najm-ul-Ikram Qureshi (PLD 1959 (W.P.) Lahore 566) more specifically highlighting the view of Quadiani Group, which was further affirmed by the Supreme Court of Pakistan in the case of Mst. Khurshid Bibi v. Baboo Muhammad Amin (PLD 1967 Supreme Court 97) find mentioned as Para No.2 at page No.37 of the judgment under review. 3. The review is sought on the ground that after the promulgation of the Constitution of the Islamic Republic of Pakistan, 1973 in terms of Article 260 a person of the Quadiani Group or the Lahori Group who call themselves `Ahmadis' or by any other name have been declared as non-Muslim. 4. In view of averments in the application notice is issued to the learned Advocate General, Punjab. At this stage, Mr. Muhammad Shahid Munir, Assistant Advocate General Punjab accepts notice, so there is no need to issue any formal notice to this effect. 5. As already observed that the applicant is only aggrieved of certain portion of reproduced extract from the judgment in the cases of Mst. Balqis Fatima supra and Mst. Khurshid Bibi supra more specifically Paras Nos.4, 12 and 14 of the judgment of the former case and Para No.2 reproduced at page No.37 of the judgment under review from the latter case.
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6. Needless to observe that the above-mentioned Paras were only reproduced as extracts from the above referred judgments and with the promulgation of the Constitution of the Islamic Republic of Pakistan, 1973 and more specifically by inserting definitions of "Muslim" and "non-Muslim" in Articles 260(3)(a) and 260(3)(b), the observations recorded in the above referred judgments automatically loses their efficacy as well as status and there remains no cavil to observe that a person of the Quadiani 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 cannot be termed as "Muslim" or class/sect of "Muslim". 7. With these observations this review application with consent of all in attendance is accordingly disposed of. The observations recorded hereinabove shall be treated as part of judgment dated 12th June, 2024 passed in Writ Petition No.167 of 2024.
[1] Reported as 2024 CLC 1648