1. ' SHEIKH AHMAD FAROOQ, J.---Through the instant Miscellaneous Petition filed under Article 203- E(3) and Article 204 of the Constitution of Islamic Republic of Pakistan read with Section 3 of the Contempt of Court Act, the petitioner has prayed for initiation of contempt proceedings against the respondents including Secretary, Ministry of Law, Justice and Human rights, Government of Pakistan, Islamabad for not complying with the judgment dated 30-10-1990 delivered by the Federal Shariat Court of Pakistan in respect of section 295-C, P.P.C. The petitioner has also prayed for passing a direction to Chairman PEMRA to ensure that no contemptuous remarks are expressed in the talk shows against the judgment dated 30-10-1990, which has attained finality.
2. ' In responses to the above petition, a report was submitted by the Federation through Secretary, Law, Justice and Human Rights on 4-10-2013, wherein it was stated as follows:-- "That a bill was introduced in the Senate in August, 1991, proposing amendment in section 295-C of Pakistan Penal Code, 1860, relating to omitting punishment of life imprisonment as provided in that section. The Senate passed the Bill and the same was referred to the National Assembly but it could not be cleared by the National Assembly within ninety days in terms of clause (2) of Article 70 of the Constitution. However, under paragraph (b) of clause (3) of Article 203D of the Constitution of the Islamic Republic of Pakistan, the Judgment is deemed to have been implemented to the extent of omitting punishment of life imprisonment under section 295-C of P.P.C. As this punishment has ceased to have effect on the date on which the decision of the Court took effect i,e, 30th April, 1991.
3. ' That as regards para. 68 of the judgment referred to above, relating to amending section 295-C of P.P.C. To the extent of defiling other Prophets as an offence, the then Cabinet had decided that amendment may be moved only to the extent of omitting punishment of life imprisonment and as such the same was not introduced in the Parliament. It may be pointed out that in the existing section 295-C of P.P.C. The name of the Holy Prophet Muhammad (p.b.u.h.) was specifically mentioned and likewise the names of other Prophets have to be specifically mentioned in the section on Which different schools of thoughts may not have consensus, therefore, the same could not be implemented in order to avoid further implications."
4. ' The learned counsel for the petitioner submitted that the respondents have not deleted the imprisonment of life under section 295-C, P.P.C. Despite a lapse of more than 20 years. He further submitted that the respondents have also not taken steps to make amendment in section 295-C, P.P.C. So as to provide death sentence for a person, who uses derogatory remarks against any other Prophet. The petitioner also contended that the Publishers of law books are still publishing the old version of section 295-C, P.P.C. Without deleting the punishment i,e, imprisonment for life as directed by this Court vide judgment dated 30-10-1990. However, the learned counsel at the, conclusion of this arguments, opted not to press the instant contempt petition for the time being, in case, a direction is passed to the Ministry of Law, Justice and Human Rights for taking appropriate action for the implementation of the judgment of this Court dated 30-10-1990.
5. ' We have heard learned counsel for the applicant/petitioner and examined the record.
6. ' Perusal of the record reveals that a Larger Bench of this Court comprising five Judges examined section 295-C, P.P.C. And held as follows:- "It is also to be noted that Allah Almighty creates no distinction or inequality in the status of the Prophets though he did bestow on some -of them more gifts than others. We quote here for reference the following verses from the Holy Qur'an:-- 17:55 "We did bestow on some Prophets more (and other) gifts than on others, and we gave to David (the gift of) the psalms."
7. 2:253 "Those apostles we endowed with gifts, some above others; To one of them Allah spoke; Others He raised. To degree (of honour); to Jesus the son of Mary. We gave Clear (signs), and strengthened him with the Holy Spirit. If Allah had so willed, succeeding generation would not have fought among each other, after clear (signs) had come to them; But they (chose) to wrangle, some believing and others rejecting. If Allah had so willed, they would not have fought each other; but Allah fulfilleth His plan."
8. 2:136 "Say ye; "We believe in Allah, and the revelation given to us, and to Abraham, Ismail, Isaac, Jacob, and the Tribes, and that given .To Moses, and Jesus and that given to (all) Prophets from their Lord; We make no difference between one and another of them; and we bow to Allah (in Islam)."
9. 3:84 "Say: "We believe in Allah, and in what has been revealed to us and what was revealed to Abraham, Ismail, Isaac, Jacob, and the Tribes, and in (the Books) given to Moses, Jesus, and the Prophets, from their Lord; We make no distinction between one and another among them, and to Allah do we how our will (in Islam)." and Verses 2:285, 4:150 and 4:152.
10. "Practically, all the Juris-consults and Scholars agreed that in view of the above verses and the equal status of all the. Prophets as such, the same penalty of death as determined above shall apply, in case any one utters contemptuous remarks or offer insult, in any way, to any one of them"
11. "In view of the above discussion we are of the view that the alternate punishment of life imprisonment as provided in section 295-C, P.P.C. Is repugnant to the Injunctions of Islam as given in Holy Qur'an and Sunnah and therefore, the said words be deleted there-from".
12. "A clause may further be added to this section so as to make the same acts or things when said about other Prophets, also offence with the same punishment as suggested above."
13. "A copy of this order shall be sent to the President of Pakistan under Article 203-D(3) of the Constitution to take steps to amend the law so as to bring the same in conformity with the injunction of Islam. In case this is not done by 30th April, 1991 the words "or imprisonment for life" in section 295-C, P.P.C. Shall cease to have effect on that date." an appeal was filed before the Shariat Appellate Bench of the Supreme Court of Pakistan against the said Judgment. However, on 19-5-1991, it was withdrawn and the Shariat Appellate Bench passed the following Order:- "The learned Advocate-on-Record wants to withdraw this appeal. He is allowed to do so subject to all just exceptions".
14. ' There is no cavil to the legal proposition that according to clause 3(b) of Article 203-D of the Constitution of Islamic Republic of Pakistan, any law or provision shall, to the extent to which it is held to be repugnant to the Injunctions of Islam, cease to have effect on the day on which the decision of the Court takes effect. This Court vide judgment dated 30-10-1990 had declared the punishment of imprisonment of life for an offence falling under section 295-C, P.P.C. As repugnant to the Injunctions of Islam as ordained in the Holy Quran and Sunnah of the Holy Prophet (S.A.W.) and ordered the same to be deleted up to 30th April, 1991. The appeal filed against the aforementioned judgment of the Federal Shariat Court of Pakistan has also been dismissed by the Shariat Appellate Bench of the. Supreme Court of Pakistan on 19-5-1991. The aforesaid legal position has been categorically admitted in the report dated 4-10-2013 submitted by Federation through Secretary, Ministry of Law, Justice and Human Rights, wherein it is mentioned that the judgment of the Federal Shariat Court is deemed to have been implemented to the extent of omitting punishment of life imprisonment under section 295-C, P.P.C. With effect from the date on which the decision of the Federal Shariat Court has taken effect i,e, 30-4-1991. Hence, the said judgment of the Federal Shariat Court of Pakistan has attained finality. Therefore, the punishment. i,e, imprisonment for life, for commission of an offence under section 295-C has ceased, to have effect with effect from 30-4-1991. Consequently, the Secretary, Ministry of Law, Justice and Human Rights, Government of Pakistan; Islamabad is directed to take necessary steps for the implementation of the judgment of this Court dated 30-10-1990 in letter and spirit. He would ensure that the punishment i,e, imprisonment for life provided under section 295-C, P.P.C. Is deleted from P.P.C. As well as relevant law books and the Registrar of all the High Courts be directed to circulate the same amongst all the Judicial Officers of Pakistan. A report in this respect shall be submitted by the Secretary Ministry of Law, Justice and Human Rights, Government of Pakistan, Islamabad within a period of two months.
15. ' In view of above, this miscellaneous application is accordingly disposed of.