Justice Qazi Faez Isa’s Judgment
Background of the case is that petitioner was distributing/disseminating a prescribed book Tafseer-e-Sagheera which was alleged to be an offence under Punjab Holy Quran (Printing and Recording) (Amendment) Act, 2021. The FIR stated that the aforesaid act was done in the year 2019.
The main thrust of the judgment of Honourable Chief Justice Qazi Faez Isa in his judgement dated 06.02.2024 was that under Article 12(1) of the Constitution of Islamic Republic of Pakistan a person cannot punished for an act which is not a crime when it was done. [comment: it is a settled principle of criminology that provisions of criminal laws cannot be applied retrospectively] According to Supreme Court Judgement since in the year 2019 the distribution of prescribed book was not an offence therefore, the petitioner could not be charged for it.
The learned Supreme Court of Pakistan while interpreting the verses of Quran stated that there is no compulsion in religion. The Article 20 of the Constitution is a Fundamental Right which stipulates that every citizen has a right to profess, practice and propagate his religion.
While dealing with the matter of bail the august Supreme Court held that the Additional Sessions Judge refused the bail of the petitioner without considering that the petitioner had already served out the maximum prescribed imprisonment.
A review application is filed by Jamat-e-Islami and by some other religious organizations for becoming a party in the proceedings in which notices are issued. The learned Court also found it appropriate to give notice to the following institutions for assistance:
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