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3072QADIANI ISSUE- GENERAL DISCUSSION
Mr. Chairman: It is very pleasant to find the House full after two and a half months. It was full on the 30th of June and credit to all those honourable members who have remained sitting here for two and a half months. There might be slight inconvenience to those persons to whom cards have been issued because we will open the gates of the Assembly when we conclude this at 4:30. So they will have to wait outside, those persons to whom the cards have been issued, and I think we must have a tea break for about fifteen minutes. Then we will meet at about 3:20 pm.
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[The Special Committee adjourned for tea break to meet at 3:20 pm.]
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[The Special Committee re-assembled at 3:40 pm., Sahibzada Farooq Ali in the Chair.]
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Mr. Chairman: Yes, Mr. Law Minister. I would request the honourable members to be attentive. One hundred and seventeen members are present.
Mr. Abdul Hafeez Pirzada (Minister for Law and Parliamentary Affairs): Mr. Chairman, three months of an ordeal before the Special, Committee of the National Assembly and 90 years of history, full of agony, of the Muslims of the Sub- continent is about to come to an end.
When this question arose soon after the 29th of May, no one could even have remotely imagined that this august body would be burdened with the onerous task of resolving a highly complicated and intricate issue involving religious sentiments of millions of Muslims in the Sub-continent and all over the world. Today, it is the victory of the democracy and the democratic institutions and democratic norms and traditions. That is why I say that an agonising chapter comes to an end. The issue with greater vengeance did arise in the Sub-Continent on previous occasions 3073also. There have been confrontations and 'munazras'. There have been killings. There have been serious riots and law and order situations, and at least on one occasion in the past democratic Governments were toppled and Martial Law was imposed in the country because of disturbances arising out of the same issue.
Sir, this is not the occasion to make a long speech. We have sat here day in and day out, but I would be failing in my duty if I did not pay a tribute to the members of this august House. Never before in the history of parliamentary democracy in South-East Asia has a democratic institution like the Parliament or the National Assembly undergone such an experience. We have parliamentary democracy in the newly created State of Bangla Desh. We have parliamentary democracy in Sri Lanka. We have parliamentary democracy in India. These, Sir, are countries in South-East Asia which have had parliamentary democracy in one form or other; even Bangla Desh when it was with us; but you shall not find a precedent of this nature in the parliamentary history of any of these countries. Under heavy odds, very provocative and offensive conditions, my colleagues, you the members of this august House, sat here patiently and objectively to arrive at a national decision, and the issue was referred to you so that you could arrive at a decision, not of an individual but a decision of the nation of Pakistan, whose representatives you are and whose mandate you hold, by virtue of which you call yourself the National Assmebly or the Special Committee of the National Assembly of Pakistan.
We have heard this matter for the last three months. I must confess my own ignorance from the point of view that I did not know about this issue as deeply as some other members. Having heard it at length, we can feel why a muslim had such a deep and emotional reaction to this issue. One thing that emerged as a result of our deliberations and sittings and discussions is that our concept as popularly understood by Muslims of the finality of Prophethood of Mohammad (peace be upon him) is a fundamental article of faith of all Muslims, and no matter what happens, this fundamental article of faith of the finality of Prophethood cannot be compromised by Muslims in any sense. That is why I said, Sir, that this was not an issue of the Government, this was not an issue of the Opposition; we had to treat it as a national issue, and the nation could ill afford to divide itself on such a vital issue and therefore, 3074the effort of the Government, through the Government leader, the Prime Minister of Pakistan, as also all our friends who sit across the floor, was to look and search for a consensus so that the nation should not be divided on such a vital issue and the decision of the National Assembly should come unanimously and by consensus.
It is my proud privilege on behalf of the majority party and my friends there who have authorised me to move a Resolution to state before this august Committee that such consensus and unanimity has been arrived at. Sir, in a few minutes, the members of this august House shall have before them a proposed resolution that I intend to move on behalf of my self, Maulana Mufti Mahmood, Maulana Shah Ahmad Noorani Siddiqi, Prof. Ghafoor Ahmad, Mr. Ghulam Faruq, Ch. Zahur Ilahi and Sardar Moula Bakhsh Soomro. In this resolution, we have given the draft of recommendations that we would like to make. Now, Sir, this contains the recommendations. This has to be distributed along with the copy of the Consitution Amendment Bill.
Mr. Chairman: That too is bieng circulated.
Mr. Abdul Hafeez Pirzada: This should not be circulated separately. Sir, now I have got the original copy. I would like to place it for the purpose of record. Sir, what we propose for the consideration of the Committee and adoption by it, in the form of recommendation, is a resolution which contemplates constitutional measures, which contemplates legislative, administrative and procedural measures, and which also contains a reiteration of assurance of safety, security and safeguard of life, liberty, property, honour and fundamental rights of all citizens of Pakistan irrespective of the community that they belong to. Constitutional amendments I will explain and so also legislative and procedural amendments that we recommend. Before that, I would like to say that as soon as these recommendations are approved by this august House, which I am confident will be unanimous as would appear from the moving of this resolution, we will convert ourselves immediately thereafter into the National Assembly and I will take before the National Assembly the recommendations of the Committee, which, on approval, would entitle the moving of the Constitution Amendment Bill. We hope that in today's sitting we would pass the Constitution Amendment Bill and today it would be 3075transmitted to the Senate and we hope that the Senate would also pass it today so that the Chapter should stand closed today.
Now, Sir, the constitutional amendments that I recommend on behalf of myself and my friends are two-fold, that the Constitution of Pakistan be amended to include a definition of a person who is not a Muslim. This definition should come by an addition of a clause to Article 260. There are two clauses in Article 260 of the Constitution. This article deals with definition and we would like to add clause (3) to this Article to give the definition of a non-Muslim as under:
"(3) A person who does not believe in the absolute and unqualifed finality of the Prophethood of Muhammad (peace be upon him) the last of the Prophets, or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him), or recognizes such a claimant as a prophet or a religious reformer, is not a Muslim for the purposes of the Constitution or law."
Sir, the second amendment that we propose in the Constitution is related to Article 106, clause (3), which deals with reservation of seats in Provincial Assemblies for communities, over and above the general seats that have been prescribed, and the amendment that I propose in clause (3) of Article 106 is that at the end of the word or after the word 'communities', the following words be added:
"Communities and persons of the Qadiani Group or the Lahori Group who call themsleves Ahmadis."
This is second amendment.
Sir, let me make it absolutely clear that Article 20 of our Constitution gives fundamental right of freedom to profess, propagate and practice one's own religion and every community shall be at liberty to do so, to profess, propagate and parctice their own religion, but, as I said, Muslims' Finality of Prophethood, as would be defined in article 260 of the Constitution, is an article which is fundamental in faith. Therefore, we propose to 3076recommend that the Pakistan penal Code should be amended in section 295 (a) by the addition of an Explanation. There is already a clause in the Pakistan Penal Code which prohibits people from propagating religion in a manner so as to be offensive to other religious beliefs. Therefore, all Muslims because we cannot stop others from practising or professing or propagating their own religion- but if a person is a Muslim, then we have to see that all Muslims who profess, practise or propagate against the concept of Finality of Prophethood Muhammad (peace be upon him) as set out in clause (3) of Article 260 shall be punishable under the section.
Sir, naturally, with these amendments, there will be consequential procedural amendments or changes in law or rules or forms or parctices, such as the National Registration act and the Electoral Rules, and it would also be a recommendation for consideration that such consequential amendments may be made by the Government at relevant time because there might be some laws where entries might have to be changed, giving entries of people etc, and of persons and so on and so forth.
Lastly, Sir, I would like to say that we have ourselves given the Constitution by consensus. In this Constitution, we have not only given fundamental rights to the citizens but we have also guaranteed these rights, and it is the responsibility of the nation as well as of the State, both combined, the State and the nation, to see to it that all rights, whether they relate to property, liberty, life and honour or whether they be fundamental rights, as given by the Constitution, are fully protected, irrespective of cast, creed or community that a person belongs to and, therefore, this also goes without saying that the controversy has come to an end, the nightmare is coming to an end. Therefore, we shall all recommend and also practise ourselves in a manner so as to safeguard, secure and fully protect those rights guaranteed to each and every citiszen. This is the sum total of our recommendation.
Thank you very much.
Mr. Chairman: The Committee of the Whole House appoves the resolution and the recommendations?
All Members: Yes.
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[The Special Committee adjourned for tea break to meet at 3:20 pm.]
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[The Special Committee re-assembled at 3:40 pm., Sahibzada Farooq Ali in the Chair.]
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Mr. Chairman: Yes, Mr. Law Minister. I would request the honourable members to be attentive. One hundred and seventeen members are present.
Mr. Abdul Hafeez Pirzada (Minister for Law and Parliamentary Affairs): Mr. Chairman, three months of an ordeal before the Special, Committee of the National Assembly and 90 years of history, full of agony, of the Muslims of the Sub- continent is about to come to an end.
When this question arose soon after the 29th of May, no one could even have remotely imagined that this august body would be burdened with the onerous task of resolving a highly complicated and intricate issue involving religious sentiments of millions of Muslims in the Sub-continent and all over the world. Today, it is the victory of the democracy and the democratic institutions and democratic norms and traditions. That is why I say that an agonising chapter comes to an end. The issue with greater vengeance did arise in the Sub-Continent on previous occasions 3073also. There have been confrontations and 'munazras'. There have been killings. There have been serious riots and law and order situations, and at least on one occasion in the past democratic Governments were toppled and Martial Law was imposed in the country because of disturbances arising out of the same issue.
Sir, this is not the occasion to make a long speech. We have sat here day in and day out, but I would be failing in my duty if I did not pay a tribute to the members of this august House. Never before in the history of parliamentary democracy in South-East Asia has a democratic institution like the Parliament or the National Assembly undergone such an experience. We have parliamentary democracy in the newly created State of Bangla Desh. We have parliamentary democracy in Sri Lanka. We have parliamentary democracy in India. These, Sir, are countries in South-East Asia which have had parliamentary democracy in one form or other; even Bangla Desh when it was with us; but you shall not find a precedent of this nature in the parliamentary history of any of these countries. Under heavy odds, very provocative and offensive conditions, my colleagues, you the members of this august House, sat here patiently and objectively to arrive at a national decision, and the issue was referred to you so that you could arrive at a decision, not of an individual but a decision of the nation of Pakistan, whose representatives you are and whose mandate you hold, by virtue of which you call yourself the National Assmebly or the Special Committee of the National Assembly of Pakistan.
We have heard this matter for the last three months. I must confess my own ignorance from the point of view that I did not know about this issue as deeply as some other members. Having heard it at length, we can feel why a muslim had such a deep and emotional reaction to this issue. One thing that emerged as a result of our deliberations and sittings and discussions is that our concept as popularly understood by Muslims of the finality of Prophethood of Mohammad (peace be upon him) is a fundamental article of faith of all Muslims, and no matter what happens, this fundamental article of faith of the finality of Prophethood cannot be compromised by Muslims in any sense. That is why I said, Sir, that this was not an issue of the Government, this was not an issue of the Opposition; we had to treat it as a national issue, and the nation could ill afford to divide itself on such a vital issue and therefore, 3074the effort of the Government, through the Government leader, the Prime Minister of Pakistan, as also all our friends who sit across the floor, was to look and search for a consensus so that the nation should not be divided on such a vital issue and the decision of the National Assembly should come unanimously and by consensus.
It is my proud privilege on behalf of the majority party and my friends there who have authorised me to move a Resolution to state before this august Committee that such consensus and unanimity has been arrived at. Sir, in a few minutes, the members of this august House shall have before them a proposed resolution that I intend to move on behalf of my self, Maulana Mufti Mahmood, Maulana Shah Ahmad Noorani Siddiqi, Prof. Ghafoor Ahmad, Mr. Ghulam Faruq, Ch. Zahur Ilahi and Sardar Moula Bakhsh Soomro. In this resolution, we have given the draft of recommendations that we would like to make. Now, Sir, this contains the recommendations. This has to be distributed along with the copy of the Consitution Amendment Bill.
Mr. Chairman: That too is bieng circulated.
Mr. Abdul Hafeez Pirzada: This should not be circulated separately. Sir, now I have got the original copy. I would like to place it for the purpose of record. Sir, what we propose for the consideration of the Committee and adoption by it, in the form of recommendation, is a resolution which contemplates constitutional measures, which contemplates legislative, administrative and procedural measures, and which also contains a reiteration of assurance of safety, security and safeguard of life, liberty, property, honour and fundamental rights of all citizens of Pakistan irrespective of the community that they belong to. Constitutional amendments I will explain and so also legislative and procedural amendments that we recommend. Before that, I would like to say that as soon as these recommendations are approved by this august House, which I am confident will be unanimous as would appear from the moving of this resolution, we will convert ourselves immediately thereafter into the National Assembly and I will take before the National Assembly the recommendations of the Committee, which, on approval, would entitle the moving of the Constitution Amendment Bill. We hope that in today's sitting we would pass the Constitution Amendment Bill and today it would be 3075transmitted to the Senate and we hope that the Senate would also pass it today so that the Chapter should stand closed today.
Now, Sir, the constitutional amendments that I recommend on behalf of myself and my friends are two-fold, that the Constitution of Pakistan be amended to include a definition of a person who is not a Muslim. This definition should come by an addition of a clause to Article 260. There are two clauses in Article 260 of the Constitution. This article deals with definition and we would like to add clause (3) to this Article to give the definition of a non-Muslim as under:
"(3) A person who does not believe in the absolute and unqualifed finality of the Prophethood of Muhammad (peace be upon him) the last of the Prophets, or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him), or recognizes such a claimant as a prophet or a religious reformer, is not a Muslim for the purposes of the Constitution or law."
Sir, the second amendment that we propose in the Constitution is related to Article 106, clause (3), which deals with reservation of seats in Provincial Assemblies for communities, over and above the general seats that have been prescribed, and the amendment that I propose in clause (3) of Article 106 is that at the end of the word or after the word 'communities', the following words be added:
"Communities and persons of the Qadiani Group or the Lahori Group who call themsleves Ahmadis."
This is second amendment.
Sir, let me make it absolutely clear that Article 20 of our Constitution gives fundamental right of freedom to profess, propagate and practice one's own religion and every community shall be at liberty to do so, to profess, propagate and parctice their own religion, but, as I said, Muslims' Finality of Prophethood, as would be defined in article 260 of the Constitution, is an article which is fundamental in faith. Therefore, we propose to 3076recommend that the Pakistan penal Code should be amended in section 295 (a) by the addition of an Explanation. There is already a clause in the Pakistan Penal Code which prohibits people from propagating religion in a manner so as to be offensive to other religious beliefs. Therefore, all Muslims because we cannot stop others from practising or professing or propagating their own religion- but if a person is a Muslim, then we have to see that all Muslims who profess, practise or propagate against the concept of Finality of Prophethood Muhammad (peace be upon him) as set out in clause (3) of Article 260 shall be punishable under the section.
Sir, naturally, with these amendments, there will be consequential procedural amendments or changes in law or rules or forms or parctices, such as the National Registration act and the Electoral Rules, and it would also be a recommendation for consideration that such consequential amendments may be made by the Government at relevant time because there might be some laws where entries might have to be changed, giving entries of people etc, and of persons and so on and so forth.
Lastly, Sir, I would like to say that we have ourselves given the Constitution by consensus. In this Constitution, we have not only given fundamental rights to the citizens but we have also guaranteed these rights, and it is the responsibility of the nation as well as of the State, both combined, the State and the nation, to see to it that all rights, whether they relate to property, liberty, life and honour or whether they be fundamental rights, as given by the Constitution, are fully protected, irrespective of cast, creed or community that a person belongs to and, therefore, this also goes without saying that the controversy has come to an end, the nightmare is coming to an end. Therefore, we shall all recommend and also practise ourselves in a manner so as to safeguard, secure and fully protect those rights guaranteed to each and every citiszen. This is the sum total of our recommendation.
Thank you very much.
Mr. Chairman: The Committee of the Whole House appoves the resolution and the recommendations?
All Members: Yes.
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