The Zaheeruddin v. State is a landmark judgment where the Supreme Court upheld the constitutionality of Ordinance 20 (1984) which restricts Ahmadis from using Islamic terminologies, including the Kalma.
Case Background: The appellants (Ahmadis) were charged for wearing badges with the Kalma Tayyabba on their chests, which was interpreted as posing as Muslims.
The key points of the decision can be understood as follows:
1. Constitutionality of Ordinance XX upheld
The Court held that Ordinance 20 (which introduced Sections 298-B & 298-C PPC in 1984) did not violate the Constitution. It ruled that the law was a valid exercise of state authority and did not violate fundamental rights under Articles 19 (speech), 20 (religion), and 25 (equality).
2. Freedom of religion is not absolute
The Court emphasized that Article 20 (freedom of religion) is subject to “law, public order, and morality.” Therefore, the State can legally restrict religious practices if required to maintain order or protect the rights of others.
3. Ahmadis legally declared non-Muslims
The Court relied on Article 260(3)(b) of the Constitution, which declares Ahmadis as non-Muslims. Based on this, it held that Ahmadis cannot present themselves as Muslims in a legal or public sense.
4. “Posing as Muslims” can be restricted
The Court held that actions such as: Using Islamic terminology (e.g., “Masjid,” “Azan”), Displaying Kalima, Representing themselves as Muslims could amount to “posing as Muslims”, which is punishable under the law.
5. Appeals dismissed
The Supreme Court ultimately dismissed the appeals, thereby upholding both:
The convictions under the law, and The validity of Ordinance 20.
6. Overall Significance
The case is considered a defining judgment on religious freedom in Pakistan, establishing that: Religious freedom exists, but within limits defined by the state and constitutional framework. The verdict solidified the legal prohibition on Ahmadis practicing their faith in public, effectively enforcing that they cannot display, recite, or represent their faith using traditional Islamic terminology.