Religious and Ahmadi-specific Laws

Religious and Ahmadi-specific Laws

General Zia's Notorious Ordinance XX of 1984 and the Blasphemy Law

EXTRAORDINARY
PUBLISHED BY AUTHORITY
ISLAMABAD, THURSDAY, APRIL 26, 1984

PART 1

Acts, Ordinances, President's Orders and Regulations including Martial law Orders and Regulations

Government of Pakistan

MINISTRY OF LAW AND PARLIAMENTARY AFFAIRS
(LAW DIVISION)

Islamabad, the 26th April 1984

No. F.17 (1) 84-Pub. The following Ordinance made by the President is hereby published for general information.

ORDINANCE NO. XX OF 1984
AN ORDINANCE

to amend the law to prohibit the Quadiani group, Lahori group and Ahmadis from indulging in anti-Islamic activities:

WHEREAS it is expedient to amend the law to prohibit the Quadiani group, Lahori group and Ahmadis from indulging in anti-Islamic activities:

AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action:

NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:

PART I - PRELIMINARY

1.	Short title and commencement. (1) This Ordinance may be called the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984. (2) It shall come into force at once.
2.	Ordinance to override orders or decisions of courts. The provisions of this Ordinance shall have effect notwithstanding any order or decision of any court.
PART II - AMENDMENT OF THE PAKISTAN PENAL CODE (ACT XLV OF 1860)
3.	Addition of new sections 298B and 298C, Act XLV of 1860. In the Pakistan Penal Code (Act XLV of 1860), in Chapter XV, after section 298A, the following new sections shall be added, namely: “298B. Misuse of epithets, descriptions and titles, etc., reserved for certain holy personages or places. (1) Any person of the Quadiani group or the Lahori group (who call themselves ‘Ahmadis’ or by any other name) who by words, either spoken or written, or by visible representation; (a) refers to, or addresses, any person, other than a Caliph or companion of the Holy Prophet Muhammad (peace be upon him),as ‘Ameerul Mumineen’, ‘Khalifa-tui-Mumineen’, ‘Khalifa-tul-Muslimeen’, ‘Sahaabi’ or ‘Razi Allah Anho’ (b) refers to, or addresses, any person, other than a wife of the Holy Prophet Muhammad (peace be upon him) as ‘Ummul-Mumineen’ (c) (c) refers to, or addresses, any person, other than a member of the family (Ahle-bait) of the Holy Prophet Muhammad (peace be upon him), as ‘Ahle-bait’; or (d) refers to, or names, or calls, his place of worship as ‘Masjid’; shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine. (2) Any person of the Quadiani group or Lahori group (who call themselves Ahmadis or by any other name) who by words, either spoken or written, or by visible representation, refers to the mode or form of call to prayers followed by his faith as ‘Azan’ or recites Azan as used by the Muslims, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. (3) 298C. Person of Quadiani group etc., calling himself a Muslim or preaching or propagating his faith. Any person of the Quadiani group or the Lahori group (who call themselves ‘Ahmadis’ or by any other name), who, directly or indirectly, poses himself as Muslim, or calls, or refers to, his faith as Islam, or preaches or propagates his faith, or invites others to accept his faith, by words, either spoken or written, or by visible representations, or in any manner whatsoever outrages the religious feelings of Muslims, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.”
PART III AMENDMENT OF THE CODE OF CRIMINAL PROCEDURE 1898 (ACT V OF 1898)
4.	Amendment of section 99A, Act V of 1898. In the Code of Criminal Procedure, 1898 (Act V of 1898), hereinafter referred to as the said Code, in section 99A, in sub-section (I): (a) after the words and comma “of that class”, the words, figures, brackets, letter and commas “or any matter of the nature referred to in clause (ii) of sub-section (1) of section 24 of the West Pakistan Press and Publications Ordinance, 1963,” shall be inserted; and (b) after the figure and letter “295A”, the words, figures and letters “or section 298A or section 298B or section 298C” shall be inserted.
5.	Amendment of Schedule II. Act V of 1898. In the said Code, in Schedule II, after the entries relating to section 298A, the following entries shall be inserted, namely: 1 2 3 4 5 6 7 8 298B Misuse of epithets, descriptions and titles, etc, reserved for certain holy personages or places Ditto Ditto Not bailable Ditto Imprisonment of either description for three years, and fine. Ditto 298C Person of Quadiani group, etc. calling himself a Muslim or preaching or propagating his faith. Ditto Ditto Ditto Ditto Ditto Ditto
PART IV AMENDMENT OF THE WEST PAKISTAN PRESS AND PUBLICATIONS ORDINANCE 1963 (W.P. ORDINANCE NO. XXX OF 1963)
6.	Amendment of section 24, West Pakistan Ordinance No. XXX of 1963. In the West Pakistan Press and Publications Ordinance, 1963 (W.P. Ordinance No. XXX of 1963), in section 24, in sub-section (1) after clause (i), the following new clause shall be inserted, namely; “(ii) are of the nature referred to in section 298A, section 298B. or section 298C of the Pakistan Penal Code (Act XLV of 1860), or”, General, M. Zia-Ul-Haq, President.
Copy of the Blasphemy Clauses
ACT III OF 1986 CRIMINAL LAW (AMENDMENT) ACT, 198
An Act further to amend the Pakistan Penal Code and the Code of Criminal Procedure, 1898 (Gazette of Pakistan, Extraordinary, part 1, 12th October 1986) The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 5th October, 1986 and is hereby published for general information: Whereas it is expedient further to amend the Pakistan Penal Code (Act XLV of 1860) and the Code of Criminal Procedure, 1898 (Act V of 1893), for the purposes hereinafter appearing: It is hereby enacted as follows:
1.	Short title and commencement (1) This Act may be called the Criminal Law (Amendment) Act 1986. (2) It shall come into force at once.
2.	Insertion of new section 295-C, Act XLV of 1860. In the Pakistan Penal Code (Act XLV of 1860), after section 295-B, the following new section shall be inserted, namely: 295-C. Use of derogatory remarks, etc. in respect of the Holy Prophet. Whoever by words, either spoken or written, or by visible representation, or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, or imprisonment for life, and shall also be liable to fine."
3.	Amendment of Schedule II, Act V of 1898. In the Code of Criminal Procedure, 1898 (Act V of 1898), in Schedule II, after the entries relating to section 295-A, the following new entries shall be inserted, namely: 1 2 3 4 5 6 7 8 295-B Defiling, etc of copy of Holy Quran, May arrest without warrant Ditto Ditto Ditto Imprisonment for life Court of Session 298-C Use of derogatory remarks, etc. in respect of the Holy Prophet Ditto Ditto Ditto Ditto Death, or imprisonment for life, and fine Court of Session which shall be presided over by a Muslim

Summary of Offences Relating to Religion

PPC	Description	Penalty
298A	Use of derogatory remarks etc., in respect of holy personages	Three years' imprisonment, or with fine, or with both
298B	Misuse of epithets, descriptions and titles etc., reserved for certain holy personages or places, by Ahmadis	Three years' imprisonment and fine
298C	An Ahmadi, calling himself a Muslim, or preaching or propagating his faith, or outraging the religious feelings of Muslims, or posing himself as a Muslim	Three years' imprisonment and fine
295	Injuring or defiling places of worship, with intent to insult the religion of any class	Up to two years' imprisonment or with fine, or with both
295A	Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs	Up to ten years' imprisonment, or with fine, or with both
295B	Defiling, etc., of Holy Quran	Imprisonment for life
295C	Use of derogatory remarks, etc; in respect of the Holy Prophet	Death and fine