Religious freedom subject to law, policy and morality: Federal Constitutional Court
• Court upholds ban on 23-volume Ahmadi publication • Ruling notes ban was based on Ulema board’s decision, merely conveyed by chief secretary’s office ISLAMABAD: The Federal Constitutional Court (FCC) on Tuesday affirmed that fundamental rights, including the right to religious freedom, are not absolute but must be balanced against broader public considerations. The observation came while…
The Federal Constitutional Court (FCC) has ruled that fundamental rights, including religious freedom, are not absolute and must be balanced against broader public interests. This decision was made in the case of a petition challenging the government's ban on a 23-volume Ahmadiyya publication. The FCC dismissed the petitions filed by Muhammad Abdul Qadoos and others, affirming that the ban was based on a decision by the Ulema board, which was conveyed by the chief secretary's office.
The court noted that while religious freedom is a fundamental right, it is not absolute and must be considered in light of law, public policy, and morality. The FCC also dismissed allegations that the forfeiture of the publications was done without due consideration, explaining that the authority for the action lay in statutory instruments such as the Criminal Procedure Code and a relevant ordinance.
The court stated that the petitioners failed to present concrete evidence supporting their claims, and that their arguments were more general and theoretical rather than specific to the legal issues at hand. As a result, all petitions were dismissed, and the FCC refused leave to appeal.
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