A Week Before Pulwama Terror Attack, Pakistan SC Exhorted Action Against Terrorism [Read Judgment]

Though the two Judge bench of Justices Mushir Alam and Qazi Faez Isa made this observation while considering a suo motu case regarding Islamabad-Rawalpindi Sit-in / Dharna by Tehreek-e-Labaik Pakistan, this judgment gains relevance in the ongoing tension between two countries which started again, after Pulwama Terror Attacks.

The suo motu case was registered taking note of the violent protests (in November 2017) by hardliners in Pakistan who had occupied road junction (interchange) known as the 'Faizabad Interchange', which is one of the main entry-exit points to Islamabad, and Rawalpindi. Later, the protests had turned violent and lot of inflammatory speeches were made by the leaders.

In this context, the bench had observed: "If the proponents of violent ideology and action are not monitored and checked they often mutate against the State and terrorize the people. Those who resort to abuse, hate and violence should never be pampered, instead they should fear the State, its police and intelligence agencies."

The bench further observed that a person issuing an edict or fatwa, which harms another or puts another in harm's way, must be criminally prosecuted under the Pakistan Penal Code, the Anti-Terrorism Act, 1997 and/or the Prevention of Electronic Crimes Act, 2016. The court added:

"The first words inscribed in the Constitution are – "In the name of Allah, the most Beneficent, the most Merciful" . Its preamble then unequivocally affirms that sovereignty belongs to Allah Almighty alone and that the authority is to be exercised by the people "within the limits prescribed by Him" . The Constitution does not permit "the glory of Islam" to be denigrated. When a mob abuses, threatens and resorts to violence ostensibly in the name of Islam it does exactly this. True believers abhor such conduct. Slowly, and over a period of time, the real face of Islam is being effaced and the voices of believers, who practice akhlaq and aadab, have been muffled. Ironically, the most offensive speech and violent behavior purport to represent Islam and Muslims; this is against Islam and the sunnah of Prophet Muhammad (peace and blessings be upon him). The Constitution holds out the promise that Muslims will be enabled to live "in accordance with the fundamental principles and basic concepts of Islam", and the State shall endeavour, "to promote unity and observance of the Islamic moral standard". Abuse, threats and violence are the antithesis of the Islamic moral standard."

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