ISLAMABAD -  The Islamabad High Court Tuesday directed the Federal Investigation Agency to provide travel history of 6,001 persons who changed their religious status from Muslim to Ahmadi on their CNICs.

A single bench of IHC comprising Justice Shaukat Aziz Siddiqui issued these directions while hearing a petition challenging the amendment in the oath of Khatm-e-Nabuwwat in Election Act 2017.

Earlier, National Database Registration Authority (NADRA) at the orders of the IHC had submitted a report before the court stating that 10, 205 persons changed their religious status from Muslim to Ahmadi. At this, the bench had directed the NADRA to provide details that how many of them applied and got passports after changing their religion.

In response to it, NADRA officials Tuesday informed the court that 6,001 such persons had applied and got passports. Then, the IHC bench directed the FIA to provide travelling details of those persons. Justice Siddiqui remarked that there are several youngsters who changed their religious status to get foreign citizenship.  

In the meantime, Professor Dr Sahibzada Sajid ur Rehman, member Council of Islamic Ideology (CII) as an amicus curiae submitted before the court that an Islamic state could introduce legislation to differentiate between a Muslim and non-Muslim on the basis of collective wisdom. If there may be no difference, it would affect the society in term of social order and customs regarding Nikah, eating habits etc.

He added that if an Ahmadi pretends himself to be a Muslim for obtaining a job, it amounts to not even cheating and fraud with the state but it is also treason. Referring to the incidents from Islamic history, Sajid ur Rehman said, for concealing the real faith, major penalty could be imposed on such persons.

He continued that the state should include religion in its list when scrutinising for particular posts. To a question by the court that there were instances when fingers were pointed at some persons that they changed their religion for some benefits.

Sajid ur Rehman said that there should be a board of Ulema who should decide about the faith of a person. He further said that the state should be having statistics of its citizens in terms of their religious faiths so that it could differentiate between them in terms of their duties.

Religion is an identity and a Kafir cannot be described as a Muslim and vice versa. But nobody should be permitted to intrude into the Muslim identity and present himself as Muslim despite being non-Muslim.

The IHC bench and the amicus curiae were of the view that the September 7, 1974 legislation through which Ahmadis were declared non-Muslim has several lacunas in it. The bench said that this exercise is aimed at providing the legislature with recommendations to cover those lacunas.

Sahibzada said that the non-Muslims could not be allowed to take part in the matters, which are related to the interests of Muslims. The collective wisdom should decide that what official posts and authorities should be reserved for Muslims, and non-Muslims should not be appointed against these posts.

Dr Mohsin Naqvi, Ex-member Council of Islamic Ideology (CII) will assist the court on Wednesday (today).

In this matter, petitioner Maulana Allah Wasaya has been arguing before the court that an amendment was made in election act 2017 (EA-2017) regarding oath of Khatm-e-Nabuwwat that was nullified through another amendment whereas all other laws repealed through Act of October 2, 2017 still remained repealed.

He maintained that an amendment was made in the election act and on hue and cry of the entire nation another amendment to the act was brought on October 19, 2017 through which sections 7B and 7C of the conduct of General Elections Order, 2002 have been revived whereas all other laws repealed through Act of October 2, 2017 still remained repealed and through an illusion, effort has been made to satisfy the citizens of Pakistan.

Therefore, the petitioner prayed to the court to direct the Ministry of Law and Justice to immediately take all necessary measures for revival of all provisions (which were in existence prior to the promulgation of the Elections Act, 2017) relating to Ahmadi group/Lahori group in their entirety with a further direction to the said respondent to ensure that all such provisions have been made part of the primary legislation i.e. the Elections Act, 2017.