IHC suspends applicability of finality of Prophethood amendments in Elections Act 2017
Petitioner Allah Wasaya had challenged the amendment to the act
November 14, 2017
ISLAMABAD: The Islamabad High Court (IHC) suspended on Tuesday the applicability of certain amendments to the Elections Act 2017.
Maulana Allah Wasaya had filed a petition against the amendments to the clauses related to the finality of Prophethood in the act.
The IHC has suspended the clauses and sought replies from the federal government and other respondents in 14 days.
In his arguments, the deputy attorney general said that elections are around the corner and a decision to suspend the law will lead to chaos.
Justice Shaukat Aziz Siddiqui, who was hearing the case, said it is a sensitive matter but it cannot be left without adjudication.
The controversy had arisen when the ruling party had passed amendments to the Election Act 2017 in October which had changed wordings regarding the 'finality of Prophethood' on a form given by lawmakers from an affidavit to a declaration.
Later, the government had immediately fixed the 'clerical error' by passing another amendment.
For a week, members of religious groups have been protesting in Islamabad against the mistake. They want the government to punish those responsible for changing the wording of the oath.
In today's order, the court ruled that, "prima facie, the repealing of laws under Section 241 of the Elections Act, 2017 is against the mandate and in conflict with the Second Amendment of the Constitution, 1974, therefore, the applicability of the impugned Act to the extent of finality of Prophethood only is suspended. As Section 7B and 7C, inserted through Act XXXV of 2017, revived the declarations by the candidates, therefore, to this extent, Amendment shall hold the field."
