Islamabad: Asif Ali Zardari has traditionally greeted Sikh pilgrims, Hindus and other minorities on the occasion of Christmas, Holi and now Baisakh
Yunis Khushi appeals to SC: Asia Bibi, blasphemy law and True Sentiments of Pakistani Christian Youth.
When I read appeal in writings to Chief Justice of Supreme Court of Pakistan, I was not surprised on contents of this ever first written appeal by any Christian. I do not know personally applicant of this appeal, Mr. Yunis Khushi nor I have information’s that Yunis Khushi is completing his Doctorate in Law because he have not filed this petition under any Section of law to make it competent Petition for hearing in higher courts of Pakistan.
It must be noted that language used in this appeal is not legal but facts are noteworthy which are true feelings of millions of Pakistani Christians.
I have serious concerns about safety of Mr. Khushi, if contents of his appeal come public as it is already published in few Christian Websites. I congratulate Mr. Yunis Khushi on filing this appeal and condemn those institutions which have not filed any due legal Petition in Supreme Court of Pakistan when spending millions to make Asia Bibi case only a media trial.
As, Yunis Khushi have documented miseries of Pakistani Christians and penned down his pain for his Christian Nation in Pakistan, I must present some notes of his appeal for record of Christian Institutions in Pakistan which are filling their hunger with millions of donation money in name of poor Christians that if they feel shame on their dirty role, in future, the might be able to follow tracks of this appeal.
Nazir S Bhatti
Editor, PCP
Yunis Khushi addresses his appeal to Supreme Court of Pakistan and Checks Respondents as: 1, The State 2. Extremist Religious and Political leaders and Appeals for: “APPEAL FOR TAKING A SUO MOTO ACTION AGAINST BLASPHEMY CASE AGAINST AASIA BIBI AND OTHER VICTIMS OF BLASHPHEMY CHARGES, FILING UP CASES OF TERRORISM AGAINST CULPRITS RESPONSIBLE FOR BURNING OF SHANTI NAGAR VILLAGE, GOJRA, AND SANGLA HILL, AND MURDERERS OF FANISH MASIH AND OTHER CHRISTIANS, WHO WERE KILLED ON CHARGES OF BLASPHEMY, AND FOR CURBING POWERS OF THE EXTREMIST RELIGIOUS LEADERS SO THAT ISLAM AND PAKISTAN COULD BE LIBERATED FROM THE CLUTCHES OF THESE SO CALLED RELIGIOUS SCHOLARS, AND KILLING OF INNOCENT CHRISTIANS COULD BE BROUGHT TO AN END”
He Under laws, presents Constitutional Provisions relating Equality and Rights of Citizens as: Preamble of the Constitution of Pakistan:
I. Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed;
II. Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Qur’an and Sunnah;
III. Wherein adequate provision shall be made for the minorities freely to profess and practice their religions and develop their cultures;
IV. Article 9. Security of person.
No person shall be deprived of life or liberty save in accordance with law.
V. Article 10A. Right to fair trial:
For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.]
VI. Article 14. Inviolability of dignity of man, etc.
(1) The dignity of man and, subject to law, the privacy of home, shall be inviolable.
(2) No person shall be subjected to torture for the purpose of extracting evidence.
VII. Article 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, practice 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.
VIII. Article 25. Equality of citizens.
(1) All citizens are equal before law and are entitled to equal protection of law.
(2) There shall be no discrimination on the basis of sex.
(3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.
IX. Article 27. Safeguard against discrimination in services.
(1) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth.
X. 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.
XI. Article 37. Promotion of social justice and eradication of social evils.
The State shall:
(a) promote, with special care, the educational and economic interests of backward classes or areas;
(b) remove illiteracy and provide free and compulsory secondary education within minimum possible period;
(c) make technical and professional education generally available and higher education equally accessible to all on the basis of merit;
(d) ensure inexpensive and expeditious justice;
(e) make provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment;
(f) enable the people of different areas, through education, training, agricultural and industrial development and other methods, to participate fully in all forms of national activities, including employment in the service of Pakistan;
(g) prevent prostitution, gambling and taking of injurious drugs, printing, publication, circulation and display of obscene literature and advertisements;
(h) prevent the consumption of alcoholic liquor otherwise than for medicinal and, in the case of non-Muslims, religious purposes; and
(i) decentralise the Government administration so as to facilitate expeditious disposal of its business to meet the convenience and requirements of the public.
A-2. Anti-Terrorism Act 1997:
Definition and Prosecution of Terrorist Acts:
Anti Terrorism Act of 1997 defines terrorism as the use or threat of action that:
• causes death or is likely to endanger a person’s life;
• Involves grievous violence against or harm to a person;
• Grievously damages to property;
• Incites hatred and contempt on religious, sectarian or ethnic basis to stir up violence or cause internal disturbance;
• Involves any form of mischief to spread panic;
• Involves firing on religious congregations, mosques, churches, temples and all other places of worship;
• Creates a serious risk to safety of the public or is designed to frighten the general public and disrupts civic life;
• Involves burning of vehicles or any other serous form of arson;
• Involves extortion of money or property;
• Seriously interferes with communication systems;
• Involves coercion or intimidation of a public servant in order to force him to discharge or to refrain from his lawful duties;
B. Islamic Teachings about tolerance:
I. Qur’an says: “To you be your religion, to me be mine.”
II. The Qur’an and Hadith clearly command the Muslims to refrain from insulting even the false gods of others lest others insult the true God of Muslims.
II. “Whoever kills a person who has a truce with the Muslims will never smell the fragrance of Paradise.” (Saheeh Muslim)
III. “Beware! Whoever is cruel and hard on a non-Muslim minority, or curtails their rights, or burdens them with more than they can bear, or takes anything from them against their free will; I (Prophet Muhammad) will complain against the person on the Day of Judgment.” (Abu Dawud)
IV. “This is a message from Muhammad ibn Abdullah, as a covenant to those who adopt Christianity, near and far, we are with them. Verily I, the servants, the helpers, and my followers defend them, because Christians are my citizens; and by God! I hold out against anything that displeases them. No compulsion is to be on them. Neither are their judges to be removed from their jobs nor their monks from their monasteries. No one is to destroy a house of their religion, to damage it, or to carry anything from it to the Muslims’ houses. Should anyone take any of these, he would spoil God’s covenant and disobey His Prophet. Verily, they are my allies and have my secure charter against all that they hate. No one is to force them to travel or to oblige them to fight. The Muslims are to fight for them. If a female Christian is married to a Muslim, it is not to take place without her approval. She is not to be prevented from visiting her church to pray. Their churches are declared to be protected. They are neither to be prevented from repairing them nor the sacredness of their covenants. No one of the nation (Muslims) is to disobey the covenant till the Last Day (end of the world).”
V. The two verses (2:255-256) of the Qur’an are supplementary. Where there is that realization of the majesty and dominion of Allah (SWT), there is no compulsion in religion. Men choose their path - allegiance or opposition - and it is sufficient punishment for those who oppose that they draw further and further away from the light of truth.
VI. VII. Holy Qur’an says, "There shall be no compulsion in religion" (2:256).
VII. Both Holy Bible and Holy Qur’an say that God Almighty created every human being in His own image and not the people of any particular faith.
VIII. God Almighty, in Sura Bani Israil of Qur’an, tells every Muslim to uphold the dignity of every human being because human dignity is an inalienable right given to every human being by God Almighty.
IX. Holy Prophet Muhammed (PBUH) has declared the dignity of human life much more as compared to even Ka’aba.
C. ON FACTS:
I. The Blasphemy cases against Aasia Bibi, a poor Christian woman from Attanwali village, Nankana Sahib, District Sheikhupura, has once again revealed the vulnerability of religious minorities in Pakistan, and particularly of Pakistani Christians.
II. The fact of the matter is that first Aasia Bibi was insulted as a person and as a Christian, and derogatory remarks were passed against her faith by her fellow Muslim female co-workers, who belonged to the same social and economic strata that of Aasia Bibi. Now the extremist religious leaders have terrorised the family of Aasia Bibi and whole of the Christian so much by threatening to kill Aasia Bibi that her family had to go in hiding to save their lives.
III. Recently, a Christian couple has been sentenced to 25 years imprisonment on charges of touching Qur’an without washing their hands. The case was, reportedly, filed by a Muslim neighbour of the Christian couple for taking revenge over some minor dispute.
IV. A few months ago, two Christian brothers were killed on the premises of the District Courts, Faisalabad. The murderers of these two Christian brothers were instigated by a Mullah, who wanted to grab the property of those two deceased Christian brothers.
V. Before that Fanish Masih, was killed in police lockup in Sialkot. Fanish Masih, reportedly, had a love affair with a Muslim girl, and the family of that Muslim girl lodged a false case of blasphemy against Fanish Masih and got him killed in the police custody by the very policemen, who were supposed to provide security to Fanish Masih.
VI. This has happened in many cases that police, either got involved in killing of the person facing charges of blasphemy, or they protected and applauded, appreciated, admired, and praised the killer of the person facing blasphemy charges.
VII. A Muslim boy belonging to the butcher family of a village near Faisalabad was instigated by a Muslim teacher named Allah Ditta, to kill a Christian teacher Naimat Masih (Naimat Masih was the most senior teacher in the government school and the most suitable candidate for the headmastership, and Allah Ditta, a Muslim teacher was eyeing that seat, thus, he instigated the boy that Naimat Masih had insulted Prophet Mohammed and should be killed). The boy performed the “Islamic” act of killing the Christian teacher, and was kissed and hugged by the very policemen, who had arrested the murderer boy.
VIII. This is also a fact that life is very tough for majority of Pakistanis, but smaller sects of Muslims and religious minorities have to pay double price and have to bear the double brunt. Firstly, on the basis of being poor, and secondly, on the basis of having different beliefs or faiths.
IX. No doubt there are many decent, well-behaved, civilized, pious, and God-fearing Muslims in Pakistan and around the world, who mind their own business and never indulge in any aggressive debate on religious issues, and always respect the faiths and beliefs of all the people around them.
X. During high school and F.A. and B.A., many Muslim teachers contributed enormously to the educational and personality development and grooming of this appellant, and never gave an impression that they were Muslims and this appellant was a Christian student. They never discriminated against this appellant on the basis of religion. This appellant will always have very high regards for those teachers.
XI. This appellant has many Muslim friends, who are just like brothers to this Appellant. This friendship has been extended over the past 35 years because they have always respected Christian faith of this appellant, have never indulged into any discussion to insult the faith of this appellant, and have never invited this appellant to embrace Islam, let alone compelling this appellant to become a Muslim. They have always commanded respect from the bottom of the heart of this appellant because of their broadmindedness, tolerance, and good human behaviour. They are extremely good Muslims and very good human beings.
XII. A few times it happened that this appellant was hounded by some Muslim fellow co-workers to embrace Islam, and the relations between those Muslim co-workers and this appellant soared and the relations were immediately disconnected. These so called propagators of Islam lost respect in the eyes of this appellant because of their aggressive and coercive preaching.
XIII. This is an undeniable fact that majority of Muslims, who (according to Dr. Mubarak Ali) either have converted from the Sudras (the fourth and the lowest caste of Hindus according to the Hindu religion, although this appellant does not agree with this kind of inhuman division of human beings because both Holy Bible and Holy Qur’an clearly declare that every human being, regardless of his/her religion, was created by God Almighty in His own image), or these narrow-minded Muslims have lived under the influence of Hindus during the pre-partition period. The inner Hindu of such extremist Muslims has not died to-date. Or they have not forgotten the persecution and discrimination demonstrated against them by Hindus.
XIV. Such Muslims are dominated and misguided by the extremist religious leaders and self-made scholars. They have not been taught true Islam of Prophet Mohammed (PBUH). The extremist religious leaders and self-made scholars, who themselves are unaware of the true spirit of Islam, have kept many Muslims unaware of the very true spirit of Islam.
XV. Such extremist religious leaders and so called scholars present Islam as a religion of horror, terror, bloodshed, mercilessness, and ruthlessness.
XVI. They, with their actions and words, are promoting hatred against the Islam of Prophet Muhammed (PBUH).
XVII. They are the worst enemies of Islam and Prophet Muhammed (pbuh).
XVIII. They carry out goondaism in the name of Islam, thus bring a bad name to Islam and Prophet Mohammed.
XIX. This appellant has very high regards for the learned and moderate scholars like Javed Ahmed Ghamdi, Dr. Khalid Zaheer, Dr. Muhammed Khalid Masud, Maulana Tahirul Qadri, and few others.
XX. The extremist religious leaders promote hatred and poison against smaller sects of Muslims, and religious minorities of our society, and thus, keep Pakistan backward, ignorant, and underdeveloped.
XXI. Professor Karrar Hussain, the former Vice Chancellor, Baluchistan University, Quetta, had once said about these extremist religious leaders that: “They want to Islamize everything except themselves.”
XXII. Such extremist religious and their followers, many of them with low social and economic status and poor education, working as peasants, labourers, peons, gardeners etc. continue to believe that Pakistan is a country only created for, owned, and belongs to the Muslims.
XXIII. Such extremist religious and political leaders and their followers also believe that the religious minorities are just being taken pity on by the Muslims, and are being tolerated and allowed to live in Pakistan, and that the religious minorities do not have anything to do with the affairs of Pakistan, which is supposed to be a country of, and for the Muslims only.
XXIV. Such extremist religious and political leaders and their followers strongly believe that the religious minorities of Pakistan are not the citizens of Pakistan.
XXV. Such extremist religious leaders and self-made scholars love to treat religious minorities, and particularly Christians and Hindus, as the subjects, slaves, and property of the Muslims.
XXVI. Such extremist religious leaders and self-made scholars treat religious minorities of Pakistan as if the Muslims have conquered the land belonged to the religious minorities, and that the religious minorities of Pakistan are supposed to be treated as a conquered people and zimmis.
XXVII. Narrow minded Muslims, under the influence of the extremist religious leaders and self-made scholars, feel it to be their sacred duty to insult the religious minorities, their faiths, their prophets, and their holy books.
XXVIII. Extremist religious leaders and self-made scholars and their followers behave in such a manner as if it is their Islamic duty to derogate other faiths and mock and insult the people of other faiths, and the Christians in particular. Such extremist Muslims feel they can do anything to these poor Christians and Hindus because Christian and Hindus are weak, powerless, and have no voice, and also because the state machinery is always there to support the Muslims, who violate the rights of poor religious minorities and even smaller sects of Muslims.
XXIX. Such narrow minded Muslims and extremist religious leaders and self-made scholars want the people of other faiths to believe in Islam as the narrow minded Muslims and extremist religious leaders and self-made scholars believe, but they themselves want to believe in the faiths of other people as these narrow minded Muslims and extremist religious leaders and self-made scholars want to believe.
XXX. It seems that the extremist religious leaders and their followers have been given a license to derogate all other faiths. They constantly and openly pass derogatory remarks against the Holy Bible by saying that “The Bible has been changed, it is not in its original form, it has been cancelled by God, and the Qur’an is the final order of Allah”. Yet no state institution demonstrates its powers to shut the mouths of these extremist religious leaders and their followers.
XXXI. Your Lordship, if your honour wants to have a feeling and taste of this insult that the poor Christians and Hindus have to go through day in and day out, your lordship should travel, under disguise as a Christian or as a Hindu, throughout Pakistan for a weak or so, and have a taste of this insult.
XXXII. Especially in South Punjab, many Hindu and Christian girls are abducted and forcibly married by Muslims, and forcibly converted to Islam by extremist Muslims. In such adventures, they get full support of the extremist religious leaders and self-made scholars, local politicians, police, and lower judiciary. But, if a Muslim girl/woman falls in love with a Hindu or a Christian boy/man, such person is immediately killed or trapped in some false case of blasphemy or theft/robbery etc.
XXXIII. The religious minorities are facing large scale discrimination in jobs, at places of work, and in educational institutions. They are not even given their due share of five per cent in jobs. This has had serious effects on the development of the religious minorities. Many parents belonging to the religious minorities do not send their children to schools because they know that their children will not get jobs despite good education. There is also a high dropout rate from schools among the students belonging to the religious minorities.
XXXIV. The religious minorities are hounded by fellow Muslim workers to embrace Islam in their neighbourhoods and at places of work. Thus the members of the religious minorities have to suffer mentally everyday, and they cannot complaint to anyone because they know that the Muslim boss or the head of the institution/department will always side with the Muslim staff members.
XXXV. This situation has been created due to the Islamic concept of going of a Muslim to heaven by converting a non-Muslim to Islam. This concept is often misinterpreted and coercion and pressure is used by extremist religious leaders and self-made scholars and their followers to convert the non-Muslims to Islam. The same was done with cricketer Yousuf Yohanna (presently Muhammed Yousuf).
XXXVI. The focus of every human being should be on performing acts of piety and goodness rather than converting someone to their religion for going to heaven.
XXXVII. The Hindus are persecuted because of Muslims’ hatred for India, and Christians are persecuted because of British Raj in Indo-Pak (many Muslims believe that the Muslim rule in India was overthrown by the British), and also because of a reaction of Muslims to the American policies. The Pakistani Hindus are often associated with India, and the Pakistani Christians are associated with America and Europe.
XXXVIII. The hatred for Christians has increased after the American attacks on Afghanistan and Iraq.
XXXIX. According to Christian faith, God became man and lived on earth as Jesus Christ for thirty-three years. He raised the dead, healed the sick, the lames, and the leprosy patients, and gave sight to the blinds. But, the extremist Muslims do not hesitate to indulge in cheap and dirty talk about the character of Jesus Christ, who is God.
XL. The extremist religious leaders and their followers do not have the mental calibre and capacity to understand the concept of Holy Trinity, yet they ask stupid questions to the illiterate as well as literate Christians around them. They also blame Christians for worshiping three Gods.
XLI. This appellant cannot compel anyone to believe in Jesus Christ as this appellant believes in Him. So how can narrow minded Muslims and extremist religious leaders and self-made scholars compel this appellant and many people belonging to different faiths to believe in Islam as the Muslims believe in Islam?
XLII. Billions of people belonging to different faiths around the world do not take the faith of this appellant as this appellant does, yet this appellant does not hate them, and will continue to love and pray for them only because they are the creatures of God Almighty.
XLIII. Luckily, the Gospel teaches this appellant and many Christians to forgive and pray for the persons, who insult Christians and their faith. According to Mathew 26:52 “Then Jesus said to him (Peter), "Put your sword back into its place; for all those who take up the sword shall perish by the sword.” This teaching forces people like this appellant to refrain from violence. The Gospel tells Christians to refrain from having enmities with anyone, hating anyone, and taking revenge on anyone. That is why this appellant will never favour of filing of cases against anyone, who insults the faith of this appellant, Jesus Christ, or The Holy Bible. This appellant will continue to pray and love even those who insult Christian faith, or Lord God, and saviour Jesus Christ.
XLIV. The extremist religious leaders and self-made scholars cannot even compel all the 72 sects of Muslims to follow, believe in, or adhere to the same interpretation of Islamic teachings. Then how can they compel Hindus, Christians, Jews, Buddhists, Jens, Confucians, Parsis, and Atheists to believe in Islam as the extremist religious leaders and self-made scholars do?
XLV. The wrath of the narrow minded Muslims and extremist religious leaders and self-made scholars is not limited to the religious minorities only. This intolerance is being extended to the smaller sects of Muslims like Shia community, and the Agha Khanis (Ismailis) as well.
XLVI. The intolerance of such narrow minded Muslims and extremist religious leaders and self-made scholars is also targeting the Muslims of their own sect, who have a different school of thought (Maslik), and even those who adhere to a different fiqah or Imam.
XLVII. The extremist religious leaders and self-made scholars are fatwa manufacturing machines. They declare people of other faiths and smaller sects of Islam as kaffirs and then motivate their followers to kill these “kaffirs”.
XLVIII. They have become so ruthless that first they attack Muharram processtions of Shias, and then they attack the funeral procession of Shias while these funeral processions are on their way to graveyards.
XLIX. The extremist religious leaders and self-made scholars have made killing of Shias and Ahmedis, and people of smaller sects who do not adhere to the beliefs and fiqah and maslik of the extremist religious leaders and self-made scholars, a part of the Islamic faith.
L. The extremist religious leaders and self-made scholars have promoted such a mindset among Muslims that killing, bloodshed, violence, loot, arson, burning of mosques, tombs or aulia karam, and churches, and temples, has become part of the Muslim faith. We witnessed this in Shanti Nagar, Gojra, and Sangla Hill, Data Darbar, Abdullah Shah Ghazi’s Mazar and many other places in the country.
LI. The concepts of Jihad, Ishaq-e-Rasul (love for Prophet Muhammed pbuh) and Amr Bil Maroof Wanahi Anil Munkar are being mis-interpretted, twisted, and exploited by every extremist religious leader and self-made scholar of Islam for gaining financial and political powers.
LII. These extremist religious leaders and self-made scholars, by persecuting Christians, Shias, and Qadianis, want to become bigger aashiq-e-rasul in the eyes of emotional Muslims, because this automatically increases the donations of the mosques and organisations of these extremist religious leaders and self-made scholars.
LIII. This mindset has promoted so much extremism and terrorism in Pakistan, which rendered every mosque, Imambargh, Church, and Temple so insecure that people of all faiths and denominations feel hasitant to go to their places of worship.
LIV. Religion has become a multi-billion ruppee business for many extremist religious leaders.
LV. This has caused mushrooming of madaris (Islmic religious seminaries), jihadi groups, and mosques. Such ventures are a good short cut to become rich in societies like Pakistan and India. Some extremist religious leaders have been involved in grabbing properties of others by constructing a mosque overnight on the properties of other people or some public property. Many are dreaming of becoming an ameerul momneen, a Khalifa (Caliph), and a commander-in-chief of the Islamic armies by forming a jihadi group and conquer the whole world. Many of such jihadi groups are having linkages with Afghan Taliban and Al-Qaeda.
LVI. The Talibanization of Pakistan society has only been done because of the style, views, and extremist approach of these extremist religious leaders.
LVII. The Extremist religious leaders have exploited the concept and philosophy of Ghalba-e-Islam to extract funds from the ignorant, uneducated, and emotional Muslims, who love to be fooled by Extremist religious leaders and like to pay hefty amounts for jihad, madaris, and Ghalba-e-Islam.
LVIII. This philosophy of Ghalba-e-Islam has not only turned Pakistan into a society of the untouchable people, with whom no one likes to interact, have business, or send their crickets teams to our country, and the visa restrictions for Pakistanis have been increased.
LIX. This appellant, during his studies in the Phillippines, was mocked by his classfellows for supplying of arms to the Afghan Mujahideen by Pakistan. Then this appellant faced difficulties in getting scholarship and visa for his Ph.D. in Law.
LX. The extremist religious leaders and so called Islamic scholars are the worst enemies of Pakistan, Islam, and Prophet Muhammed (PBUH), and they are the main culprits of blasphemy against Prophet Muhammed (PBUH).
LXI. They have defaced, disfigured, and deshaped Islam, and present Islam as a religion of terror, and horror.
LXII. They want respect for their religion and their Prophet by hating others and by declaring others kaffirs, unholy, unclean, and impure.
LXIII. They promote hatered among Paistani people. They dehumanize Muslims and have created gulf, not only between Muslims and people of other faiths, but also among different sects and denominations of Muslims. They bring a bad name to Islam and Prophet Muhammed (PBUH).
LXIV. They fabricate such stories about Prophet Muhammed (PBUH), which justify the agenda of these Extremist religious leaders, without realising that the Prophet Muhammed (PBUH) had said that: “Whoever associates something to me that I have not said, his destination is definitely hell.” (Bukhari Sharif, Kitabul Ilm, Hadith No.109). (This appellant has translated the Hadith from Urdu, so any mistake in translation should be overlooked please.)
LXV. They emphasize such Ahadith and verses of Qur’an, which mention about punishment and jihad. They completely blackout the verses relating to forgiveness, mercy, tolerance, and peaceful co-existance. They are unaware of the Sunnah of the Prophet Muhammed (PBUH). During one of the TV talkshow of GEO, Mufti Muneebur Rehman, the chairman of Wafaul Madaris narated the incident of a blind man, who killed his wife and reported to Prophet Muhammed (PBUH) the next day that he had killed his wife because she used to mock the Prophet, and the Prophet said that the blind man was forgiven for that murder because it was a justified murder. But, the learned scholar Javed Ahmed Ghamdi was of the view that such stories were not reliable because many stories were controvertial. In the same talkshow of GEO, Mufti Muneebur Rehman told a lie before millions of Pakistani and international viewers and mentioned about a person, who had declared himself to be a prophet, and that the Prophet had waged a war against that person and killed him. Whereas the actual story is that Prophet Muhammed (PBUH) was informed about that person, who had declared himself to be a prophet, and Holy Prophet just ignored him.
LXVI. The extremist religious leaders and self-made scholars deliberately do not mention about the aspects of the Sunnah of the Prophet, which emphasize forgiveness and tolerance.
LXVII. The behaviour of the extremist religious leaders and self-made scholars shows as if Islam and its followers always have to be on war within, and with people of other faiths.
LXVIII. They motivate their followers to take the law into their own hands, show disrecpect to courts and law, insult others faiths and their followers, and then kill anyone after charging him/her with blasphemy.
LXIX. They forget that Qur’an and Sunnah are the major sources of Islamic Law, and that the Islam has a very strong concept of courts, justice, and qazis (judges). They also forget that Prophet Muhammed (pbuh) daily held courts in Masjid-e-Nabvi, made decisions and settled disputes, and he never encouraged his followers and Sahaba to take law in their own hands.
LXX. The extremist religious leaders and self-made scholars are promoting lawlessness and terrorism in Pakistan and around the world.
LXXI. The role of the extremist religious leaders and self-made scholars and religious parties of Pakistan has always been negative, destructive, and anti-Pakistan. They are working as agents of the enemies of Pakistan, and of the feudal lords and capitalists, and are keeping Pakistan backward and ignorant by keeping people divided on religious and sectarian lines, and by promoting hatered and bloodshed. Allama Iqbal, about the extremist religious leaders, had said many years ago that, “deen-e-mullah feesabbeelullah fassad.” (Roughly translated: The religion of extremist Muslim leaders is to create unrest on earth in the name of Allah).
LXXII. About such self-proclaimed religious scholars, Bullhey Shah had said:
Iko Alf terey darker Ilmon bas kareen oh yar
Parrh parrh ilm lagaven dhair Qur’an Kitaban char chaufer
Andar khot bahir suchiyar Ilmon bas kareen oh yar
(Roughly translated: Stop running after too many books, and just hold on to God. You are impressing people around you with your books and knowledge, you have piles of Qur’an and other religious books around you, you pretend to be very truthful externally, but your inner self is full of lies, cheating, and frauds.)
LXXIII. The extremist religious leaders and self-made scholars have been cursed by God Almighty and He has closed the doors of learning, knowledge, thinking, pondering, and wisdom upon them. They are maligning the Islam of Prophet Muhammed (PBUH), thus committing the most serious kind of blasphemy agaisnt Prophet Muhammed (PBUH) and God Almighty.
LXXIV. They are not able to understand a simple fact that if they will continue to declare people of other faiths and smaller sects of Islam as kaffirs (infidal) and unclean, then how can the other people respect them, and their faith?
LXXV. They are after the blood of Aasia Bibi, but never talk of punishing the mobs, who burnt the Christian village Shanti Nagar, churches and convents in Sangla Hill, and christian homes in Gojra, a church in the city of Noshehra, or those who killed Fanish Masih and other Christians in the police lockups.
LXXVI. They never teach Muslims to refrain from insulting Christian and other faiths. They rather encourage Muslims to derogate other faiths as much as possible.
LXXVII. They do not deserve to be called Muslims and human beings, let alone religious scholars.
LXXVIII. But, the Islamic scholars like Javed Ahmed Ghamdi, Dr. Khalid Zaheer, Dr. Anis Ahmed, and Maulana Tahirul Qadri, and many Shia scholars command great respect from not only Muslims but, from people like this appellant as well. Such scholars bring good name to Islam and Prophet Muhammed (PBUH). They are a blessing for Muslims as well as for people of other faiths, for, their emphasis is on peaceful co-existance and tolerance. Unfortunately there are very few of such scholars. This is a failure on the part of the Muslim intelligenstia that they have produced only few of the high quality religious scholars.
LXXIX. This is also unfortunate that the mob or the street power is held and controlled by the extremist religious leaders and self-made scholars of Islam.
LXXX. This is very unfortunate that people of every faith consider their faith to be the only true faith, and only themselves to be clean, holy, true believers, and pure people. But, the people of other faiths, and even the people of other denominations in their own faiths are considered unclean, unholy, kaffirs, and impure, and their beliefs are considered as untrue. Jews believe that only Jews are pure and the rest of the world is impure and unclean. Sunnis say that other faiths and even Shias are unclean and kaffirs. Shias react by saying that Sunnis are unholy, dirty, and impure and not even Muslims, and that the true Muslims are the Shias only. Hindus say that Musla maleech hay (Muslims are filthy creatures).
LXXXI. The religious leaders of every faith claim to have the ownership rights of God and heaven and that only their followers will enter into heaven.
LXXXII. According to my analysis and belief all the faiths have good and bad people. They are all insulting the Creator God Almighty by insulting his creatures. No one is holy by only belonging to a certain faith. All those who are God-fearing, and who refrain from committing sin, are holy and pure, regardless of their faith, race, sex, caste, colour, or creed. Any person, who is God-fearing and cares for the rights and well being of the human beings around him/her, will enter into eternal life.
D. Why this appeal to The Honourable Supreme Court of Pakistan:
I. Your Lordship, this appeal is being sent to The Honourabld Supreme Court of Pakistan only because The Hournorable Supreme Court of Pakistan is the most suitable forum to resolve the issues mentioned in this appeal.
II. The Hournorable Supreme Court of Pakistan is the only organ of the state among the three highest state organs, which has got a lot of credibility in the eyes of the Pakistani people. The other two organs i.e. the Legislature and the Executive do not have the capacity, the intellectual caliber, and the will to resolve these issues.
III. The Executive is terriblly corrupt and week, and the Legislature is just a bunch of corrupt donkeys, horses, and dogs, who are eating the flesh of the Pakistani people through loot, plunder, and corruption. Both Executive and the legislature (the ruling elite) rather prefer the promotion of violence in general society, and particularly against religious minorities, so that the anger of the public is released against one another and on the weeker sections of society so that the ruling elite of Pakistan can continue to rule and loot Pakistan, and the anger of the masses is never directed towards the ruling elite. The ruling elite of Pakistan are the worst enemies of Pakistan. They are not sincere to their own country. They have divided people on religious, sectarian, ethnic, biradari, and caste lines, and have promoted, and contiue to promote religious and ethnic violence to prolong their rule.
IV. The political parties have linkages with terrorist organizations and the Executive is afraid of the extremist religious leaders and self-made scholars.
V. The consecutive Parliaments and the Council of Islamic Ideology have not been able to resolve these issues.
E. The Impact and Implications of the role, which is being played by the extremist religious leaders and self-made scholars:
Your Lordship, if extremist religious leaders and self-made scholars are not controlled, and if the Madaris (Islamic religious seminaries), which promote extemism and terrorism, are not reformed and transformed into seats of learning and knowledge, and if jihadi groups are not eliminated then:
i. smaller sects of Muslims and religious minorities will have to live in constant fear.
ii. In-fights among Sunnis will continue on the basis of difference of schools of thought.
iii. Pakistan will face a turmoil and will become the next Afghanistan.
iv. All the national institutions of Pakistan will be destroyed, and a time will come that we will have to ask others to reform and rebuild our institutions just the way Afghanistan is currently doing.
v. The country will break up into many parts, which will be conrolled by the warlords, just the way Afghanistan is being done.
vi. Many extemist religious and political leaders will take up the role of Sufi Muhammed, who issued a decree that democracy was against the spirit of Islam, and that he does not accept the judicial system of Pakistan.
vii. Rest of the world will cut off all kind of relations with Pakistan.
viii. The Pakistanis will become the biggest nation of untouchables (sudras) with whom no one would like to associate and have bussiness.
ix. As hegemonistic American policies of grabbing political and economic powers of the whole world are promoting hatred against Christianity, similarly the role and behaviour of extremist religious leaders and self-made scholars and their followers, Al-Qaeda, Taliban, and other jihadi groups, and the philosophy of Ghalba-e-Islam is promoting hatred against Muslims and Islam throughout the world. The Muslim intelligenstia has failed to understand this terrible situation, and has failed to play a constructive role, and the extremist religious leaders and self-made scholars have misguided the Muslims and have propagated that Europe and America are suffering from Islamo-phobia.
F. Prayer:
I. The Honourable Supreme Court should immediately take suo moto notice of the Aasia Bibi case, and the case of the Christian couple charged with desecrating Qur’an.
II. The murderers of Fanish Masih of Sialkot, murders of two Christian brothers of Faisalabad, and the policeman who murdered a Christian in Lahore, the policemen and the mob, who were responsible for burning of Shantinagar, the mob, which burnt convents, churches, and schools of Sangla Hill, and those who burnt the Christian homes in Gojra, should be brought to justice and should be tried under Terrorism Act of 1997.
III. The case of blasphemy should only be filed against persons who intentionally derogate any prophet, holy book, or place of worship. If any person’s faith, holy book, or prophet is first insulted by anyone, and then he reacts on provocation and motivation, then such a case should be registered only against the person who initiated this process of derogation and blasphemy.
IV. The laws of blasphemy and derogation should apply and cover all the faiths, prophets, and holy books, and not only Qur’an, and Prophet Muhammed. This means that Muslims should not have a free holiday to insult the faith of the Christians, Hindus, and Sikhs, Qadianis, and Shias.
V. The cases of Blasphemy should only be registered by the Superintendent of Police.
VI. The cases of Blasphemy should only be heard by a triple bench of the High Court.
VII. The person, who levels a charge of Blasphemy against anyone, and all his/her supports should submit an affidavit that if his charge proves to be untrue then they will be ready to go through the same punishment.
VIII. Only those persons should be charged with blasphemies, who intentionally and deliberately derogate any prophet or holy book.
IX. Muslims should be given moral education to respect other faiths and their holy books.
X. The issuing of Fatawas (religious decrees) by extremist religious leaders and self-made scholars should be banned and should be punishable. The fatawas should only be issued by a central authority consisting of enlightened and moderate religious scholars and experts of law.
XI. Any extremist religious leader, who issues a fatwa for the killing of any person, should be charged with committing terrorism and be punished under Terrorism Act, 1997.
XII. Extremist and intolerant material from school and college syllabus should be removed.
XIII. The school and college students and the students of madaris should be taught about peaceful co-existence of people of different faiths, showing respect for views and beliefs of other people, tolerance, and moderation of views.
XIV. Religious discrimination at the workplace, educational institutions, and in social and political organisations should be made punishable.
XV. The heads of all public and private institutions and organisations should be issued notices to protect the rights of religious minorities and smaller sects of Muslims.
XVI. Forced conversions to Islam should be punishable by law.
XVII. Hounding of religious minorities for conversion to Islam should be punishable by law.
XVIII. The concepts of Jihad, Ishaq-e-Rasul (love for Prophet (PBUH), and Amr Bil Maroof Wanahi Anil Munkar should be interpretted by an authority like The Supreme Court of Pakistan with the help of renowned and authentic scholars like Javed Ahmed Ghamdi, Dr. Khalid Zaheer, Dr. Anis Ahmed, Dr. Muhammed Khlid Maqsood, and Maulana Tahirul Qadri.
XIX. Promoting extremism and religious hatered and declaring other as kaffirs should be made punishable under Anti-Terrorism Act.
Drawn & Filed by:
Yunis Khushi Advocate
(Also a candidate for Ph.D. in Law)
Dated: 2nd Dec.2010
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