P L D 2005 Lahore 354
Before Syed Zahid Hussain and Syed Sakhi Hussain Bokhari, JJ
Hafiz ASMATULLAH‑‑‑Appellant
Versus
GOVERNMENT OF PUNJAB and others‑‑‑Respondents
Intra‑Court Appeal No. 599 of 2004, decided on 7th April, 2005.
Constitution of Pakistan (1973)‑‑‑
‑‑‑‑Arts. 20, 36(3), 227 & 199‑‑‑Intra‑Court appeal‑‑‑Freedom to profess religion and to manage religious institutions‑‑‑Protection of minorities‑‑Contention of the petitioner under Art.199 of the Constitution was that the Provincial Government be directed to impose ban qua the book “God’s Special Agents” and that the respondent be restrained from preaching and projecting the programme of Christianity in Pakistan‑‑ Validity‑‑‑Held, under Art.20 of the Constitution every citizen enjoys a Fundamental Right to profess, practise and propagate his religion and every religious denomination and every sect thereof has a right to establish, maintain and manage its religious institutions‑‑‑Petitioner failed to point out and to address any argument as to how the actions of the respondent offend against any particular law, public order or morality so as to exclude the application of Art.20 of the Constitution‑‑‑Reliance of the petitioner upon Art.227 of the Constitution in the context was inapt inasmuch as clause (3) thereof ensures that “nothing in this part shall affect the personal laws of non Muslim citizens or their status as citizens” and rather gives added strength to Art.20 of the Constitution and is also consistent with the principles of policy as contained in Art.36 of the Constitution‑‑ Benevolence and tolerance is the hallmark of religion of Islam and faith of Muslims and provisions of Arts.20, 36 & 227(3) of the Constitution are reflection thereof‑‑‑No valid justification having been found to interfere, order of the Single Bench was reaffirmed by the Division Bench of the High Court.
Muhammad Yousaf Javed with Shabbir Hussain Qureshi for Petitioners.
ORDER
Through the petition tiled under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 it was prayed that the Government of Punjab be directed to impose ban qua the book “God’s Special Agents” and that respondent No.4 namely William Johnson be restrained from preaching and projecting the programme of Christianity in Pakistan. The said petition carne up for hearing before a learned Judge in Chamber of this Court who dismissed the same on 1‑11‑2004, which order has now been assailed through this Intra- Court Appeal.
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The petition was dismissed as mentioned above by the learned Single Judge observing that "Under Article 20 of the Constitution of the Islamic Republic of Pakistan, 1973 every citizen enjoys a Fundamental Right to profess, practise and propagate his religion and every religious denomination and every sect thereof has a right to establish, maintain and manage its religious institutions. The petitioner has failed to point out in his petition and has also failed to address any argument before this Court as to how the actions of respondent No.4 offend against any particular law, public order or morality so as to exclude the application of Article 20 referred to above.
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After hearing the learned counsel for the appellant we have found absolutely no error or illegality in the approach adopted by the learned Single Judge in dismissing the petition and would rather reaffirm the view taken in the impugned order by reproducing Article 20 of the Constitution of Islamic Republic of Pakistan, 1973:
"20. Freedom to profess religion and to manage religious institutions.‑‑Subject to law, public order and morality‑‑‑
(a) every citizen shall have the right to profess, practise and propagate his religion; and
(b) every religious denomination and every sect thereof shall have the right to establish, maintain and manage, its religious institutions. "
Reliance of the learned counsel upon Article 227 of the Constitution of Islamic Republic of Pakistan, 1973 in the context is inapt inasmuch as clause (3) thereof ensures that “Nothing in this Part shall affect the personal laws of non‑Muslim citizens or their status as citizens”. It rather gives added strength to fundamental right No.20 ibid and is also consistent with the Principles of Policy as contained in Article 36, which reads like this:‑‑
“Article 36. Protection of minorities.‑‑The state shall safeguard the legitimate rights and interests of minorities, including their due representation in the Federal and Provincial services.”
Needless to reiterate that benevolence and tolerance is the hallmark of religion of Islam and our faith. Indeed the provisions of Articles 20, 36 and clause (3) of Article 227 is reflection thereof. We, therefore, find no valid justification to interfere with the order passed by the learned Single Judge.
The appeal is dismissed accordingly.
M.B.A./A‑427/L Appeal dismissed.