Religious Persecution of Ahmadiyya Muslim Community
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Home Critical Analysis/Archives ERROR AT THE APEX
Author’s Preface
“Error at the Apex” is both, a chronicle and a critique of the legislative and the judicial events leading to gradual denial and erosion of religious freedom to Ahmadies in Pakistan. This work is intended to provide an insight into the background of the Supreme Court judgment in the Ahmadi’s case. The author has tried to make it a readable book not only for the lawyers but also for all those interested in preservation and promotion of human rights.
Ahmadiyya community is internationally known and recognized among the international religions. The role and growth of the community has been a subject of many a research thesis in various universities of the world. There is a keen interest in, and a growing demand for greater information on, the situation of Ahmadiyya community in Pakistan. The judgment of the Pakistan Supreme Court in “Ahmadis’ Case” has attracted some comments from international legal circles. The judgment is being cited and is also being questioned on some legal aspects. With a view to provide greater awareness into the issue, it was necessary to furnish the background and analysis of the judgment, to bring out in detail, the errors and anomalies, that have found their way into the judgment. The purpose of the author in writing the present work is to elucidate and place on record some of the facts and errors which the ordinary reader finds confusing in the judgment of the Supreme Court of Pakistan.
In view of the American case law cited in Zaheer ud Din the Minnesota Human rights Advocates prepared an amicus-brief to be submitted in the Supreme Court of Pakistan, contending that the American case Law had been misapplied. That amicus-brief, however, could not be submitted in Supreme Court of Pakistan. A copy of the brief was provided to the present author. The present author has benefited from the brief and the cases referred in the concluding part of the chapter 8 have been taken from the brief prepared by them. The effort of the Minnesota Advocates for Human Rights Advocates is acknowledged with deep sense of appreciation.
I am also beholden to Mr. Justice Fakhruddin G. Ebrahem, and Mr. Justice K.M.A Samdani who took the trouble of going through the book before it went out into printing and very kindly offered a brief comment to be included in on the dust cover. So als am I deeply indebted to professor Antonio R. Gualtieri. Professor of religion (retired) of the Carleton University. Otawa Canada and Barrister Harvey Savage, formerly faculty at Dalhousie University and University of Toronto, who contributed thought provoking and insightful comment and review. The majority opinion in Zaheer-ud-Din pointedly addressed the Human Right’s concern of the west. The comments of Antonio R. Gualtieri and Harvey Savage reflect how the judgment is received in the West.
In the preparation of this work Nasir Amjad rendered valuable secretarial service and M. Ismat Pasha of Toronto was a great help in preparation of the initial draft. My son Waqas A. Rahman, Advocate has spent long hours and has taken pains in writing and re-writing the manuscript many times over and has provided and checked the references. I thankfully acknowledge their efforts. I hope and pray that their involvement in the work will evoke in them an abiding interest in the subject and they will, in their own time, be able to serve the cause of religious freedom and Human Rights.
Last but not least, I wish to place on record my overwhelming thanks and gratitude to Mostafa Sabet of Toronto for the enthusiastic support provided by him. I also thankfully acknowledge the genuine and sincere efforts of Hidayatullah Hadi of Toronto, Nabeel A. Rana of Cambridge and the Oriental Publishers. But for the efforts of these gentlemen, this book may never have seen the light of the day.
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