By a unanimous decision of the elected representatives of the supreme law-making body of the Islamic Republic of Pakistan, the Constitution of 1973 was amended by the Constitution (Second Amendment ) Act, 1974 (Act XLIX of 1974) to amend Article 106 and Article 260 thereof. Clause (3) was added to Article 260 to declare those persons as non-Muslims who do not believe in the “absolute and unqualified finality of Prophethood of Muhammad (peace be upon Him) or claims to be a Prophet in any sense of the word or of any description whatsoever, after Muhammad (PBUH) or recognizes such a claimant as a Prophet or a Religious Reformer". The Qadianis of the two groups are interalia covered by this definition and they were thus declared non-Muslims.
Article 106 dealt with the constitution of Provincial Assemblies which specified the number of Members to be elected for the Assemblies, their qualifications and also the additional seats in those Assemblies reserved for non-Muslims i.e. Christian, Hindu, Sikh, Buddhist and Parse communities. To these communities were added by the Second Constitutional Amendment of 1974 “persons of the Qadiani Group or the Lahori Group (Who call themselves Ahmadi).” Thus effect of Article 106 was given by declaration made in Sub Article 3 of Article 260 and Ahmadis of either persuasion were placed in juxtaposition with other minorities.
The Constitutional Amendment of 7 September 1974 exposed religious and political aspects of Qadianiyat. Muslims of the world realized that it was an underground political organization having links with Imperialism which motivates and utilizes it for its evil designs. Its religious grab is only a cover to play a destructive game. Under the benign patronage of the British Government, it played a destructive and anti-Islamic role to undermine the integrity of the Muslim world.
Muslims were rejoicing at the realization of their dreams. It was thought that the problem which had rankled for hundred years has been amicably resolved. However some far-sighted Muslim leaders warned the jubilant people to be on alert as Ahmadis planned a new offensive against them. Maulana Maudoodi warned Muslims that the Ahmadiyya issue had not been finally resolved. The Government was making Ahmadis understand that had been provided with a Constitutional guarantee. He added that the amendment had stirred the imagination of people living abroad. They had come to know that Qadianis were not only non-Muslims but also spies. They in fact are a political group. He warned that Muslims should keep a close watch on clandestine activates of Ahmadis as they conspired to get power after infiltrating into sensitive departments. (Qouted by AlFazl Rabwah 16 October 1974)
The PPP Government was reluctant to implement the National Assembly decision, obviously to appease their Qadiani cohort. It took every step to forestall the possibility of making the required changes in the Pakistan Panel Code. It was expected that after the proposed amendment, Qadianis would not be able to build new mosques, propagate their heretic beliefs by calling Mirza Ghulam Ahmad as 'nabi' and 'rasool' and his followers 'sahaba' (companions) of the Prophet (PBUH) etc. But they found Qadianis adamant in their behavior. With utter disregard of the Constitutional Amendments and knowing well the snag in the law, and the absence of any legislation, they carried out their apostasy campaign in full swing in Pakistan with a new program and fresh vigor. (See Zafarullah Khan's interview in weekly Lahore 14 June 1976)
The powerful Qadianis element s operating in bureaucracy took possible steps to make the Constitutional Amendment virtually infructuous and a farce. Bhutto regime in effect left the matter in lurch and even made it more intricate. (Weekly Chataan, Lahore 12 July 1976)
The movement brought Ahmadiyya issue to limelight affording an opportunity to anti-Islamic forces to give a second look to the patent strength of Ahmadiyya Movement as a counter offensive against the emergent fundamentalism in Islamic world. They encouraged Qadianis to settle in the US and other West European countries offered asylum to Qadiani fugitives by declaring them a ‘Persecuted minority of Pakistan” and doled out more money from their secret funds. (Khalid Detlev, Die Politsche Rolle des Islam in Vorderen Orient, 2nd & Enlarged edition, Hamburg 1979.)
There are evidences to prove that Bhutto had determined to reverse the Constitutional amendment in his second term of office. Masud Mahmud, a close relative of Dr Basharat Ahmad’s family of Lahore Ahmadis and Director General of the infamous Federal Security Force, revealed in an interview:
"When the Assembly declared Qadianis and Lahoris a non-Muslim minority, Prime Minister Bhutto was very displeased with that decision. He avowed to reverse that decision. If that could not be possible, steps should be taken to appease Ahmadis in his next term in the office after getting mandate from the people. He advised me to convey his feelings to Dr. Abdus Salam, his Chief Scientific Officer. Salam made a mockery of it. He told me he was personally loyal to Pakistan but 'What Bhutto had done was inexcusable and he prayed for his end and all those who were involved in it'. I conveyed it to the Prime Minister in the same manner. But strangely enough the day Bhutto advised me to see Dr Salam, he, while coming out of Bhutto‘s room saw Dr Salam himself waiting to see Bhutto in his ADC ‘s room." (Weekly Badban, lahore, 18 May 1979)
Qadiani-Bhutto secret dealings are also found in Sir Zafarullah’s interview with the fortnightly Atishfishan, Lahore:
"Bhutto won the 1970 elections in the Punjab mainly with the Ahmadiyya support. He told Khalifatul MasihIII that if he could get only six seats in the Punjab that would be a great success for him. But Hazrat Sahib advised him to contest every seat. The Jamaat would do everything possible for him. So we did. We conducted his election campaign with full zeal and my (Zafarullah) nephew Hameed Nasarullah was Kausar Niazi’s election agent from Sialkot constituency in 1970.
After gaining power, Bhutto thought to install himself as an undisputed leader of Pakistan by declaring Ahmadis a non-Muslim minority. He wanted to win over the sympathies of ulema by sacrificing Ahmadis. He once called on Hazrat Sahib (Mirza Nasir Ahmad). While he was talking to him, he saw here and there and then said: 'At that time I have not got a copy of the Holy Quran with me otherwise I would have sworn upon it that I considered you Muslim.' " (The Atishfishan Lahore, May 1981)
It seems that Bhutto had a softcorner for Qadianis in his heart, even if his statement is interpreted as mere politics. But because of this backing of PPP Government, the necessary changes in Pakistan Penal Code with regard to this amendment did not take place. Qadianis had openly refused to accept the verdict. Despite these provisions of the Constitution, Ahmadis persisted in calling themselves Muslims and their faith as Islam. They remained impetuously apathetic and insensitive to the perturbation of the Muslims of Pakistan. They adopted a policy which was frankly provocative. Under the directions of their leadership, they openly started displaying Kalima Tayyeba badges on their chests, displaying Kalima on their places of worships in a provocative manner. These were particularly offensive gestures in total disregard for Muslim sensitivities. Every Muslim knew that although Qadianis claim that they believe in the same Kalima but in effect they include the person of Mirza Ghulam Ahmad in the meaning of this Kalima, both as a new prophet and as re-incarnation of Holy Prophet SAAW. (See Kalima in Ahmadiyyat) In total disregard to Muslim sensitivities they continued to abuse Muslim epithets reserved for Holy Islamic personages.
Muslim reaction therefore did not subside in the post-amendment era. A new wave of resentment started in 1976 when Maulana Zafar Ahmad Ansari, a veteran Muslim League leader quoted an extract from the book, 'Israel - A Profile' by a Jewish Professor I. T. Nomani, which said that there were 600 Ahmadis living in Israel had joined Israeli army. Rabwah denied the existence of such a Professor or the book. Rabwah further denied that any Pakistani Ahmadi ever had been in Israel or that any Ahmadi is in Israeli army. (Quoted in AlFazl Rabwah, 16 January, 11 February, 26 February and 13 April 1976) Maulana Ansari had however produced the book in a press conference which was printed by Pall Mall, London. And it was common knowledge that Jalaluddin Qamar, Ahmadiyya Missionary from Rabwah had been serving in Israel since 1956 when Chaudhry Mohammed Sharif was called back to Pakistan from Israel. Other than this, all Qadiani missionaries posted in Israel since 1928 had been living in Rabwah: J. D. Shams, Allah Ditta Jallendheri, Rashid Ahmad Chughtai, Noor Ahmad and Ch. Sharif. Their families had always been in contact with through questionable channels while they were abraod. (Ahmadiyya Movement - British Jewish Connections by Bashir Ahmad)
Pakistani Muslims had always been sensitive towards the Zionist state and such news generated more hostilities between them and Qadianis. The issue of Ahmadiyya-Isreali collabration again figured in the Pakistani press in Feruary 1977 when an Urdu weekly published a picture from the weekly Jerusalem Post dated 9 October 1976 taken on the occassion of an Israeli function. A Qadiani delegation had called on the President of Israel and had photographs with him. in the picture were Israeli President, his advisor on minority affairs Mansur Kamal, Musa Odeh - a palestinian Qadiani and Jalaluddin Qamar, the Ahmadiyya Missionary in Israel. (Islami Jamhouriyah, Lahore, 2-8 January 1977; Weekly Lahore, Lahore, 14 February 1977) It proved that unlike other religious and ethnic minorities, Ahmadis had close relations with the Government of Israel.
Although Qadiani Jamaat of Rabwah and Lahore did not accept the Constitutional amendments, but Bashir Tahir, a Qadiani, was nominated by the PPP as a non-Muslim member of the National Assembly on the Qadiani seat. AlFazl Rabwah disapproved this nomination and announced that Ahmadis were true Muslims and announced that Tahir after accepting to be a non-Muslim had become an apostate and has nothing to do with the Rabwah Jamaat or its representation. On the other hand, Tahir claimed to be a true Ahmadi. (AlFazl Rabwah 13 April 1976)
Arupi Party
A tiny dissident group of Ahmadis called by the name of Arupi Party after the name of Zaheeruddin of Arup (Gujranwala, Punjab) believed that Mirza Ghulam Ahmad was a law bearing prophet and a nabi and rasool in the strict sense of the word with no zilli or buroozi tags. This group said their prayers facing towards Qadian and made all efforts to segregate themselves from Muslims. Zaheer's son, Rehmatuallah Arupi propagated these ideas for many years. This sect advises Qadianis to be sincere to the Mirza's claims and accept him as the real prophet. He argues:
"There are only two courses left open to them; either to join Muslims or dissociate themselves completely like Bahais. There is no other way. To live as a group of Munafiqeen (hypocrites) would be disastrous for the Ahmadiyya mission in the long run." (Rehmatullah Arupi, Nishan-e-Rehmat, Lahore 1968)
Election 1977
Bhutto held the elections for National and Provincial Assemblies in March 1977 and won by a very large majority, through alleged massive rigging. (weekly Lahore, 14 March 1977) Qadianis once again extended full support to Bhutto because all the other parties were openly against Qadianis. They still looked towards him as a saviour in disguise. All political parties under the name of PNA (Pakistan National Alliance) launched an agitation which took the shape of Nizam-e-Mustafa movement to enforce Islamic rule in Pakistan. Qadianis strengthened the forces of chaos and anarchy. A bulk of literature was issued under the name of fictitious cover organisations to discredit PNA especially the pro-Islamic parties of the alliance. Khuddamul Ahmadiyya and Lajnat took active part in the smear campaign and spent a large amount of money for the fulfillment of political aspirations of Rabwah. (Ahmadiyya Movement - British Jewish Connections by Bashir Ahmad)
Martial Law
On 5 July, 1977 Martial Law was clamped on the country, dashing all Qadiani hopes of Bhutto's promised reversal of amendment. Again Divine will prevailed over men's planning. However with the suspension of Constitution, they hoped that the Martial Law authorities would abrogate the Constitution and they would once again enjoy the pre-1974 status. but their hopes were shortlived. General Zia ul Haq, the Chief Martial Law Administrator, was a devout Muslim, and he started a process of Islamisation in Pakistan. Mirza Nasir disliked this process and under his instructions, Ahmadiyya Foreign Missions and their supporters in the West started a smear campaign against the 'brutal islamic punishments' and Government's measures to implement Islamic laws in the country. They wrote on subjects like: punishment of apostacy in Islam, flogging of criminals, amputation of hands for stealing, death penalty for zina (adultery) etc. (Punishment of Apostacy in Islam by Zafarullah Khan) Qadianis posed themselves in the West as the real exponents of Islam by projecting 'liberal ideas' and more 'rational' and 'objective' views on these issues.
Islamic Conference
The second year of General Zia-ul-Haq's regime brought more embarrassment for Qadianis. From 6-8 July 1978, Pakistan hosted First Asian Islamic Conference at Karachi. It was attended by about 200 delegates from 27 countries and was sponsored by Rabita al-Alam al-Islami. A number of scholars from US and USSR also attended the conference. It was the fifth regional conference in Pakistan, four previous ones were held in Mauritania (1976), USA (1977), Australia (1975) and Trinidad (1977).
The conference discussed the Qadiani issue in the context of anti-Islamic forces working in collabration with foreign powers to undermine the unity of Islamic Ummah. It adopted the following text on the issue:
Qadiani is the step-daughter of British Imperialism, it survives only under its guardianship and protection. Qaidnaism does not faithfully serve the cause of the Muslim Ummah; it is blindly devoted to Imperialism and Zionism and wholeheartedly supports anti-Muslim powers and policies (Italics added). It even utilizes the anti-Muslim powers in order to pull down and disintegrate basic principles of Islamic belief. Qadianism persistently endeavours to attain such malicious and mischievous ends through:
a) The foundation of temples where people are misled and misguided by Qaidiani anti-Muslim thoughts and beliefs. Anti-Muslim powers financially subsidize and support these temples.
b) The establishment of schools, institutes and orphanages where Qadianist destructive practices flourish in the interests of anti-Muslims powers.
Furthermore Qadianism has published several misinterpretations of the lofty and subtle meanings of the Holy Quran in different language. In order to challenge the imminent dangers of Qadianism, the Conference has passed the following resolutions:
Every Muslim body, organization or association should minimize the Qadianist practices in their temples, schools and orphanages and in all other places where Qadianist practice their foul and destructive activities. They should also pick out and choose Qadianists, and warn the whole Muslim world against their evil practices lest they should fall in their trap or give into their evil machinations.
The Qaidianists should be proclaimed atheists and non Muslims.
No commercial engagements should be effected between Muslims and Qadianists. Muslims should boycott Qadianists economically, socially and culturally. Intermarrige between Muslims and Qadianists should be stopped at once. Qadianists should not be allowed to bury their dead in Muslim cemeteries, they should be treated and looked upon as steadfast atheists.
All Muslim States are invited to stop all evil practices of the followers of Mirza Ghulam Ahmad who claimed Prophethood, they should be regarded as a non-Muslim minority and denied effective and sensitive posts of the state.
Illustrations of all distortions in the text of the Holy Quran should be published. Qadianists misinterpretations of the meanings of Quranic verses should be minimized and not put to public use.
All Muslim groups who deviated from the true Muslim path should be treated on equal terms with the Qadianists
Embarrassed by such resolutions and pressed hard from the emerging religious hierarchy. Qadianists turned to anti Zia forces in Pakistan and abroad. They looked to secular and socialist elements for their support in their struggle for survival. But at the same time the popular demand to implement the Constitutional Amendment in its letter and spirit gained currency. In the religious conferences, whenever the ulema and mashaikh had a chance to call on General Zia they Urged the need to curb anti-Islamic activities of Qadian and to eliminate this threat from the body politic of Islam. People expressed doubts over the Government’s programme of Islamization in the wake of mounting Ahmadiyya threat.
In the absence of any legislation, both groups of Qadianis jeered at the constitutional amendments. They openly continued to insists on calling themselves as Muslims, in Pakistan and abriad, continued to pronounce azan, call Mirza as Nabi and Rasool, continued to abuse various Muslim epithets and continued to label all other Muslims of the world as Kaafir. Suits were files in different courts of law in Punjab. The Civil Judge in Dear ghazi Khan is a suit filed by a Muslim, gave a temporary injuction and retrained the defendents from naming the disputed place as mosque and proclaiming azan. Qadianis filed an appeal before the District Judge against these injuctions but this was dismissed under the order dated 19 October 1975. Qadianis went to the Punjab High Court which set aside the orders of the lower courts. Mr. Justice Aftab Hussein of Lahore High Court in Abdul Rehman Mubashir vs Amir Ali Shah case held in his judgement on 12 November 1977 that:
'Ahmadis still remain completely free to profess and practice their religion and enjoy complete autonomy in regard to their religious tenets and institutions and that the constitutional amendment had not established any ground on which the court can issue an injunction to restrain Ahmadis from calling their places of worship a mosque (Masjid) or from using the call to prayer (Azan) in it or from offering their prayer in the manner laid down in Islam.' (1978 PLD 113)
Therefore there was no legal obstacle to the Ahmadis continuing to profess their faith in the same way as they had prior to the constitutional amendment. The Lahore High Court decision showed that the Constitutional Amendment had little impace on Qadianism in curbing their proselytisation and provocative activities. It was felt that something substantial has to be done in this regard. Leading scholars, alongwith Khatme Nabuwwat Movement, pondered over the issue and started a campaign for enforcement of the Constitutional Amendment in letter and spirit.
Ordinance 44
Pressed hard by the Khatme Nabuwwat movement, Ordinance 44 was passed in September 1980 which added Section 298-A to the Pakistan Penal Code Paksitan Penal Code (Act XLV of 1860 ) recently added by Ordinance No. XLIV of 1980). It was promulgated to stop Qadianis from using certain epithets, descriptions and titles reserved for the last 1400 years for Holy Prophet Muhammad SAW, His Successors, His wives etc. It provided a penalty for upto 3 years imprisonment:
298-A
“Use of derogatory remarks etc. in respect of holy personages. 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 any wife ( Amble Mumineen) or members of the family (Ahlebait) of the Holy Prophet (peace be upon him) “ or any of the righteous Caliphs (Khulafa-e-Rashideen ) or companions (Sahib) of the Holy Prophet (peace be upon him ) shall be punished with imprisonment of either description for a term which may extend for three years or with fine or with both.”
This Section was couched in general terms and was not made particularly applicable to Ahmadis only. Despite these measures, Qadianis persisted adamantly in their behaviour to the great frustration and annoyance of Muslims.
Mirza Nasir Died
On 9th June 1982, Mirza Nasir died of heart failure in Islamabad. Like his father, Mirza Nasir had ruled with a reign of terror against those who dared to disagree with him. He was labelled 'Fashionable Rasputin of Rabwah', 'Ghengiz Khan', a 'Holy Hoax' by his opponents. (Tarjuman-e-Islam, Lahore, 1 Sept 1972. But he saw the 1974 Anti Ahmadiyya movement helplessly snowballing until the Legislative Assembly of Pakistan passed the historical law declaring Qadianis a non-Muslim minority. Mirza Nasir became the ailing head of a depressed community in post-1974 era. His health deteriorated sharply. Following his wife's death he married a young Qadiani lady doctor, Tahira, after recieving inspirations. He, however had to use a lot of medicines, among them the Zad-e-Jam-e-Ishiq, whose formula was allegedly revealed to Mirza ghulam A Qadiani, to boost his sexual energy. However his ailing body could not tolerate these aphrodisiacs for and two months after the marriage, he died of heart failure, leaving his community confused and dismayed. (Ahmadiyya Movement - British Jewish Connection by Bashir Ahmad)
Tahir Grabs power
Mirza Tahir and his half brother Mirza Rafi Ahmad were the contenders for the post of future Khalifa. Mirza Rafi was forced to keep quite while the election drama took place and finally Mirza Tahir was elected as the fourth khalifa. Mirza Rafi left offended. He was labelled a hypocrite, Yazid, a stooge of Paighamis (Lahoris), a diehard rival of the Pious Khalifa, the rebel son of a bengali woman (his mother was bengali) and a trader in prayers. His supporters were excommunicated from the Jamaat. (Weekly MAG, Karachi, 22-28 July 1988)
Mirza Tahir soon assumed absolute control of the Jamaat. He ordered fresh Bait forms to be signed by all Ahmadis. he launched a massive 'Tableegh Campaign' in Pakistan. His preachers became more ruthless in propagating their beliefs. With their improper proselytisation tactics, they antagonised the masses and scholars. The aggressive mood of Rabwah forced Muslims to take necessary steps against them and once again the movement to implement the Constitutional Amendment in letter and spirit gained momentum.
Khatme Nabuwwat Movement
By 1984, a decade after the Constitutional Amendment, the Qadiani issue once again became the centre of public attention mainly due to efforts of Khatme Nabuwwat movement. The ulema insisted on General Zia-ul-Haq, now President of Pakistan, to take necessary steps to check the anti-Islamic activities of Mirza Tahir Ahmad and his minions without further loss of time. The Constitutional Amendment had failed to check the ever increasing overt and covert activities of Qadiani activists as they took advantage of all legal lacuna existing in its proper application. After a series of public meetings and demonstrations is early 1984 Majlis Amal (Action Committee) of the Tehrike Khatme Nabuwwat Conference decided to meet in Rawalpindi on 27 April 1984 to press for the following demands:
Maintenance of a close check on political and espionage activities of Ahmadis and their collaboration with the Zionists.
Ban on paramilitary forces of Rabwah like Khuddamul Ahmadiyya etc.
Identification of Ahmadis as non-Muslim on Identity cards and passports.
A large number of eminent ulema and office bearer of the Khatme Nabuwwat movement were arrested under 16 MP Order and 153 Pakistan Penal Code for delivering objectional speeches, in order to stop their participation in the Conference. Despite severe restrictions imposed by the administration, including the arrest of ulema, ban on the use of loud speakers, imposition of Section 144 in and around Rawalpindi city, people poured in form all the four Provinces of Pakistan and Azad Kashimr to make the Conference a success. The Tehrik threatenced to take direct action if their demands were not conceded.
Raja Zafarul Haque, the then Minister for Information and Broadcasting, played an active and appreciable role in bringing the representatives of the Tehrik and the Government at a round table conference. The Government had to yield to popular movement which could otherwise have culminated in political agitation against the martial Law regime. (Jang, Rawalpindi 13, 16, 22, 25 April 1984)
President Zia-ul-Haq issues Ordinance XX
A day before the Conference (26 April 1984) the President of Pakistan issued an Ordinance XX of 1984 called Anti Islamic Activities of the Qadiani Group, Lahore group and Ahmadis and (Prohibition and Punishment) Ordinance 1984. It prohibited the Qadianis, Lahoris and Ahmadis from indulging in anti Islamic activities. A new Section 298-B was inserted in Pakistan Penal Code to provide a punishment of three years imprisonment and fine for a person of these groups who by words either spoken or written, or by visible representation refers to the successors of Mirza Ghulam Ahmad as an Amir–ul-Mominin or his companions Sahaba, or his family as Ahle Bait or calls his place of worship as Masjid. The Section provides the same punishment for any such person who refers to the form of call to prayers followed by his faith as Azan or recites Azan as used by the Muslims. The new section inserted in the Pakistan Penal Code provides the same penalty for any such person who directly of indirectly poses as a Muslim or refers to his faith as Islam or preaches or propagates his faith or invites other to accept his faith, or in any manner whatsoever outrages the religious feelings of Muslims.
The Ordinance also amended Section 99A of the Code of Criminal Procedure 1898, so as to empower the Provincial Government to forfeit any newspapers, book or other document, printed in voilation of the new provisions inserted in the Pakistan Penal Code. The amendment made by the Ordinance in the Section 24 of the West Pakistan Press and Publication Ordinance 1963 empowered the Provincial Government to close down a press used for the printing and publication of any book or paper in contravention of the new provisions inserted in the Pakistan Panel Code, to annul the declaration of a newspaper which violates the said provision and to forfeit any book or paper containing any matter the printing or publications of which is prohibited by the said provisions. (The Muslim, Islamabad, 27 April 1984)
On account of the agitation of the Muslims over the persistence of the Ahmadis the impugned Ordinance was promulgated which added section 298-B and 298-C to the Paksitan Penal Code (Act XLV of 1860) and made consequential amendments in the Code of Criminal Procedure, 1898 (Act V of 1898) and West Press and Publications Ordinance, 1963 Sections 298-B and 298-C are as follows:
298-B
"Misuse of epithets, descriptions and titles, etc. reserved for certain holy personages or places.
1) Any person of the Qadiani 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', 'Khalifat-ul -Mumineen', 'Khalifat-ul-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 'Umm-ul-Mumineen';
c) Refers to or addresses any person other than a member of the family (Ahle-bait) of the Holy Prophet (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 Qadiani 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 from 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.”
298-C
“Person of Qadiani group etc. calling himself a Muslim or preaching or propagating his faith. -- Any person of the Qadiani group or the Lahori group (who call themselves Ahmadis or by any other name) who directly or indirectly poses himself as a Muslim or call 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 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.
These Sections made it a criminal offence for an Ahmadi:-
a) to call or pose himself directly or indirectly as a Muslim or refer to his faith as Islam;
b) to preach or propagate his faith or to invite others to accept his faith or in any manner whatsoever outrage the religious feelings of Muslims;
c) to call people to prayer by reciting Azan to refer to his mode or form of call to pryer as Azan;
d) to refer or call his place of worship as Masjid;
e) to refer any person other than a Caliph or companion of the Holy Prophet Muhammad (PBUH) as Ameerul-Mumineen, Khalifatul-Muslimeen, Sahaaba, Razi-Allah Anho any person other than the wives of the Holy Prophet (PBUH) as Umm-ul–Mumineen and any person other than a member of the family of the Holy Prophet (PBUH) as Ahle-bait.’
The anti Qadianis Ordinance was widely hailed by religious, social and political organizations professing different view points and the Muslims of world at large. The leading papers of the country called it a timely step’ and appreciated the Governemnt efforts in checking the anti Islamic of Qadianis. All leading dailies of Pakistan welcomed the Ordinace and demanded its enforcementin letter and spirit. (Nawa-e-Waqt, Lahore, 28 April 1984) Ahmadis were advised to live in Pakistan like other peaceful citizens and stop their anti Islamic activities. (Jasaarat, Karachi 28 April 1984)
The daily Jasarat in its leading article exposed political designs of Rabwah and condemned their collaboration with Zionists. The paper called Ahmadiyyat a sapling of Zionists and imperialist powers, having its roots in Israel and demanded:
(i) a complete ban on their libraries, publishing houses and study centers;
(ii) removal of Ahmadis from key posts;
(iii) ban on the issuance of licence and permits to Ahmadi businessmen;
(iv) a census to determine their nurmerical strength in each province of Pakistan;
(v) exposure of their modus operandi as a pressure group through state agencies;
(vi) ban on conversion of Muslims to Qadianism by imposing life long imprisonment and
(vii) need for coordination among Muslim countries to take legislative measures to curb Ahmadiyya activities in their countries and abroad.
The Pakistan Times in its leading article stated:
"Despite this (Second Amendment) quite clear and unambiguous declaration, however, the Qadiani and Lahore groups felt free to act and behave like other Muslims, even announcing their faith to be the (only) really true one, inside the country and abroad. It amounted to misrepresentation of Islam. It sought to undermine the unity of the Muslims and created confusion about the fundamental tenets of Islam. It was neat and proper, therefore to remove the anomaly and take the Second Constitutional Amendment to its logical conclusion. It was also urgently needed to ensure public peace and tranquility.. Those foreign elements who choose to depict these law born of narrow mindedness or bigotry should be properly briefed about the historical background of the whole problem and the rationale of their promulgation in an ideological state. It is important to ensure that vested interests do not succeed in tarnishing our image as a broad minded and progressive people." (Pakistan Times, Rawalpindi 29 April 1984)
The Daily Muslim under the caption of Positive Step writes:
“The promulgation of the Presidential Ordinance placing curbs on the activities of the Qadainis is a timely action which should set at rest the controversy surrounding this issue in recent months. Passions had been exited and public opinion mobilized. That this Ordinance was necessitated a full decade after the 1974 Constitutional Amendment which declared the Qadianis to be non-Muslims through a vote of the popularly elected National Assembly clearly underlines the lacuna and the dichotomies on an issue which agitates the people’s minds. It would have been in the fitness of things if the ambiguities had been cleared once and for all so as not to give an opportunity for a repetition of violence or provide an opportunity to those vested interests who may use this as an excuse for a witchhunt.” The Muslim, Islamabad 29 April 1984)
Mirza Tahir flees to London
The issuance of Ordinance ‘terrified’ Mirza Tahir Ahmad. He feared an arrest and sad end of his papacy. He was so scared of his arrest that he could not deliver his weekly Friday address on 30 April and asked one of his followers Sultan Mahmud to lead the prayer. There was a runour that he would be arrested and prosecuted in day or two and the Ahmadiyya organization would be banned after being declared a political body, funded and aided by the foreign powers. The Martial Law Government of President Zia would drag senior Ahmadis into the superior courts of law, Mirza Tahir would be charged with the ‘murder’ of Maulana Aslam Qureshi and running an anti-Islamic and anti-state subversive political organization in the name of Ahmadiyyat.
Article 106 dealt with the constitution of Provincial Assemblies which specified the number of Members to be elected for the Assemblies, their qualifications and also the additional seats in those Assemblies reserved for non-Muslims i.e. Christian, Hindu, Sikh, Buddhist and Parse communities. To these communities were added by the Second Constitutional Amendment of 1974 “persons of the Qadiani Group or the Lahori Group (Who call themselves Ahmadi).” Thus effect of Article 106 was given by declaration made in Sub Article 3 of Article 260 and Ahmadis of either persuasion were placed in juxtaposition with other minorities.
The Constitutional Amendment of 7 September 1974 exposed religious and political aspects of Qadianiyat. Muslims of the world realized that it was an underground political organization having links with Imperialism which motivates and utilizes it for its evil designs. Its religious grab is only a cover to play a destructive game. Under the benign patronage of the British Government, it played a destructive and anti-Islamic role to undermine the integrity of the Muslim world.
Muslims were rejoicing at the realization of their dreams. It was thought that the problem which had rankled for hundred years has been amicably resolved. However some far-sighted Muslim leaders warned the jubilant people to be on alert as Ahmadis planned a new offensive against them. Maulana Maudoodi warned Muslims that the Ahmadiyya issue had not been finally resolved. The Government was making Ahmadis understand that had been provided with a Constitutional guarantee. He added that the amendment had stirred the imagination of people living abroad. They had come to know that Qadianis were not only non-Muslims but also spies. They in fact are a political group. He warned that Muslims should keep a close watch on clandestine activates of Ahmadis as they conspired to get power after infiltrating into sensitive departments. (Qouted by AlFazl Rabwah 16 October 1974)
The PPP Government was reluctant to implement the National Assembly decision, obviously to appease their Qadiani cohort. It took every step to forestall the possibility of making the required changes in the Pakistan Panel Code. It was expected that after the proposed amendment, Qadianis would not be able to build new mosques, propagate their heretic beliefs by calling Mirza Ghulam Ahmad as 'nabi' and 'rasool' and his followers 'sahaba' (companions) of the Prophet (PBUH) etc. But they found Qadianis adamant in their behavior. With utter disregard of the Constitutional Amendments and knowing well the snag in the law, and the absence of any legislation, they carried out their apostasy campaign in full swing in Pakistan with a new program and fresh vigor. (See Zafarullah Khan's interview in weekly Lahore 14 June 1976)
The powerful Qadianis element s operating in bureaucracy took possible steps to make the Constitutional Amendment virtually infructuous and a farce. Bhutto regime in effect left the matter in lurch and even made it more intricate. (Weekly Chataan, Lahore 12 July 1976)
The movement brought Ahmadiyya issue to limelight affording an opportunity to anti-Islamic forces to give a second look to the patent strength of Ahmadiyya Movement as a counter offensive against the emergent fundamentalism in Islamic world. They encouraged Qadianis to settle in the US and other West European countries offered asylum to Qadiani fugitives by declaring them a ‘Persecuted minority of Pakistan” and doled out more money from their secret funds. (Khalid Detlev, Die Politsche Rolle des Islam in Vorderen Orient, 2nd & Enlarged edition, Hamburg 1979.)
There are evidences to prove that Bhutto had determined to reverse the Constitutional amendment in his second term of office. Masud Mahmud, a close relative of Dr Basharat Ahmad’s family of Lahore Ahmadis and Director General of the infamous Federal Security Force, revealed in an interview:
"When the Assembly declared Qadianis and Lahoris a non-Muslim minority, Prime Minister Bhutto was very displeased with that decision. He avowed to reverse that decision. If that could not be possible, steps should be taken to appease Ahmadis in his next term in the office after getting mandate from the people. He advised me to convey his feelings to Dr. Abdus Salam, his Chief Scientific Officer. Salam made a mockery of it. He told me he was personally loyal to Pakistan but 'What Bhutto had done was inexcusable and he prayed for his end and all those who were involved in it'. I conveyed it to the Prime Minister in the same manner. But strangely enough the day Bhutto advised me to see Dr Salam, he, while coming out of Bhutto‘s room saw Dr Salam himself waiting to see Bhutto in his ADC ‘s room." (Weekly Badban, lahore, 18 May 1979)
Qadiani-Bhutto secret dealings are also found in Sir Zafarullah’s interview with the fortnightly Atishfishan, Lahore:
"Bhutto won the 1970 elections in the Punjab mainly with the Ahmadiyya support. He told Khalifatul MasihIII that if he could get only six seats in the Punjab that would be a great success for him. But Hazrat Sahib advised him to contest every seat. The Jamaat would do everything possible for him. So we did. We conducted his election campaign with full zeal and my (Zafarullah) nephew Hameed Nasarullah was Kausar Niazi’s election agent from Sialkot constituency in 1970.
After gaining power, Bhutto thought to install himself as an undisputed leader of Pakistan by declaring Ahmadis a non-Muslim minority. He wanted to win over the sympathies of ulema by sacrificing Ahmadis. He once called on Hazrat Sahib (Mirza Nasir Ahmad). While he was talking to him, he saw here and there and then said: 'At that time I have not got a copy of the Holy Quran with me otherwise I would have sworn upon it that I considered you Muslim.' " (The Atishfishan Lahore, May 1981)
It seems that Bhutto had a softcorner for Qadianis in his heart, even if his statement is interpreted as mere politics. But because of this backing of PPP Government, the necessary changes in Pakistan Penal Code with regard to this amendment did not take place. Qadianis had openly refused to accept the verdict. Despite these provisions of the Constitution, Ahmadis persisted in calling themselves Muslims and their faith as Islam. They remained impetuously apathetic and insensitive to the perturbation of the Muslims of Pakistan. They adopted a policy which was frankly provocative. Under the directions of their leadership, they openly started displaying Kalima Tayyeba badges on their chests, displaying Kalima on their places of worships in a provocative manner. These were particularly offensive gestures in total disregard for Muslim sensitivities. Every Muslim knew that although Qadianis claim that they believe in the same Kalima but in effect they include the person of Mirza Ghulam Ahmad in the meaning of this Kalima, both as a new prophet and as re-incarnation of Holy Prophet SAAW. (See Kalima in Ahmadiyyat) In total disregard to Muslim sensitivities they continued to abuse Muslim epithets reserved for Holy Islamic personages.
Muslim reaction therefore did not subside in the post-amendment era. A new wave of resentment started in 1976 when Maulana Zafar Ahmad Ansari, a veteran Muslim League leader quoted an extract from the book, 'Israel - A Profile' by a Jewish Professor I. T. Nomani, which said that there were 600 Ahmadis living in Israel had joined Israeli army. Rabwah denied the existence of such a Professor or the book. Rabwah further denied that any Pakistani Ahmadi ever had been in Israel or that any Ahmadi is in Israeli army. (Quoted in AlFazl Rabwah, 16 January, 11 February, 26 February and 13 April 1976) Maulana Ansari had however produced the book in a press conference which was printed by Pall Mall, London. And it was common knowledge that Jalaluddin Qamar, Ahmadiyya Missionary from Rabwah had been serving in Israel since 1956 when Chaudhry Mohammed Sharif was called back to Pakistan from Israel. Other than this, all Qadiani missionaries posted in Israel since 1928 had been living in Rabwah: J. D. Shams, Allah Ditta Jallendheri, Rashid Ahmad Chughtai, Noor Ahmad and Ch. Sharif. Their families had always been in contact with through questionable channels while they were abraod. (Ahmadiyya Movement - British Jewish Connections by Bashir Ahmad)
Pakistani Muslims had always been sensitive towards the Zionist state and such news generated more hostilities between them and Qadianis. The issue of Ahmadiyya-Isreali collabration again figured in the Pakistani press in Feruary 1977 when an Urdu weekly published a picture from the weekly Jerusalem Post dated 9 October 1976 taken on the occassion of an Israeli function. A Qadiani delegation had called on the President of Israel and had photographs with him. in the picture were Israeli President, his advisor on minority affairs Mansur Kamal, Musa Odeh - a palestinian Qadiani and Jalaluddin Qamar, the Ahmadiyya Missionary in Israel. (Islami Jamhouriyah, Lahore, 2-8 January 1977; Weekly Lahore, Lahore, 14 February 1977) It proved that unlike other religious and ethnic minorities, Ahmadis had close relations with the Government of Israel.
Although Qadiani Jamaat of Rabwah and Lahore did not accept the Constitutional amendments, but Bashir Tahir, a Qadiani, was nominated by the PPP as a non-Muslim member of the National Assembly on the Qadiani seat. AlFazl Rabwah disapproved this nomination and announced that Ahmadis were true Muslims and announced that Tahir after accepting to be a non-Muslim had become an apostate and has nothing to do with the Rabwah Jamaat or its representation. On the other hand, Tahir claimed to be a true Ahmadi. (AlFazl Rabwah 13 April 1976)
Arupi Party
A tiny dissident group of Ahmadis called by the name of Arupi Party after the name of Zaheeruddin of Arup (Gujranwala, Punjab) believed that Mirza Ghulam Ahmad was a law bearing prophet and a nabi and rasool in the strict sense of the word with no zilli or buroozi tags. This group said their prayers facing towards Qadian and made all efforts to segregate themselves from Muslims. Zaheer's son, Rehmatuallah Arupi propagated these ideas for many years. This sect advises Qadianis to be sincere to the Mirza's claims and accept him as the real prophet. He argues:
"There are only two courses left open to them; either to join Muslims or dissociate themselves completely like Bahais. There is no other way. To live as a group of Munafiqeen (hypocrites) would be disastrous for the Ahmadiyya mission in the long run." (Rehmatullah Arupi, Nishan-e-Rehmat, Lahore 1968)
Election 1977
Bhutto held the elections for National and Provincial Assemblies in March 1977 and won by a very large majority, through alleged massive rigging. (weekly Lahore, 14 March 1977) Qadianis once again extended full support to Bhutto because all the other parties were openly against Qadianis. They still looked towards him as a saviour in disguise. All political parties under the name of PNA (Pakistan National Alliance) launched an agitation which took the shape of Nizam-e-Mustafa movement to enforce Islamic rule in Pakistan. Qadianis strengthened the forces of chaos and anarchy. A bulk of literature was issued under the name of fictitious cover organisations to discredit PNA especially the pro-Islamic parties of the alliance. Khuddamul Ahmadiyya and Lajnat took active part in the smear campaign and spent a large amount of money for the fulfillment of political aspirations of Rabwah. (Ahmadiyya Movement - British Jewish Connections by Bashir Ahmad)
Martial Law
On 5 July, 1977 Martial Law was clamped on the country, dashing all Qadiani hopes of Bhutto's promised reversal of amendment. Again Divine will prevailed over men's planning. However with the suspension of Constitution, they hoped that the Martial Law authorities would abrogate the Constitution and they would once again enjoy the pre-1974 status. but their hopes were shortlived. General Zia ul Haq, the Chief Martial Law Administrator, was a devout Muslim, and he started a process of Islamisation in Pakistan. Mirza Nasir disliked this process and under his instructions, Ahmadiyya Foreign Missions and their supporters in the West started a smear campaign against the 'brutal islamic punishments' and Government's measures to implement Islamic laws in the country. They wrote on subjects like: punishment of apostacy in Islam, flogging of criminals, amputation of hands for stealing, death penalty for zina (adultery) etc. (Punishment of Apostacy in Islam by Zafarullah Khan) Qadianis posed themselves in the West as the real exponents of Islam by projecting 'liberal ideas' and more 'rational' and 'objective' views on these issues.
Islamic Conference
The second year of General Zia-ul-Haq's regime brought more embarrassment for Qadianis. From 6-8 July 1978, Pakistan hosted First Asian Islamic Conference at Karachi. It was attended by about 200 delegates from 27 countries and was sponsored by Rabita al-Alam al-Islami. A number of scholars from US and USSR also attended the conference. It was the fifth regional conference in Pakistan, four previous ones were held in Mauritania (1976), USA (1977), Australia (1975) and Trinidad (1977).
The conference discussed the Qadiani issue in the context of anti-Islamic forces working in collabration with foreign powers to undermine the unity of Islamic Ummah. It adopted the following text on the issue:
- "Qadianism is a destructive religious doctrine which hides under the guise of Islam in order to conceal its mischievous and malicious ends. Its most un-Islamic allegations are:
- Its leader's baseless claim to prophethood.
- Distortion of Quranic texts.
- Falsification of Jihad.
Qadiani is the step-daughter of British Imperialism, it survives only under its guardianship and protection. Qaidnaism does not faithfully serve the cause of the Muslim Ummah; it is blindly devoted to Imperialism and Zionism and wholeheartedly supports anti-Muslim powers and policies (Italics added). It even utilizes the anti-Muslim powers in order to pull down and disintegrate basic principles of Islamic belief. Qadianism persistently endeavours to attain such malicious and mischievous ends through:
a) The foundation of temples where people are misled and misguided by Qaidiani anti-Muslim thoughts and beliefs. Anti-Muslim powers financially subsidize and support these temples.
b) The establishment of schools, institutes and orphanages where Qadianist destructive practices flourish in the interests of anti-Muslims powers.
Furthermore Qadianism has published several misinterpretations of the lofty and subtle meanings of the Holy Quran in different language. In order to challenge the imminent dangers of Qadianism, the Conference has passed the following resolutions:
Every Muslim body, organization or association should minimize the Qadianist practices in their temples, schools and orphanages and in all other places where Qadianist practice their foul and destructive activities. They should also pick out and choose Qadianists, and warn the whole Muslim world against their evil practices lest they should fall in their trap or give into their evil machinations.
The Qaidianists should be proclaimed atheists and non Muslims.
No commercial engagements should be effected between Muslims and Qadianists. Muslims should boycott Qadianists economically, socially and culturally. Intermarrige between Muslims and Qadianists should be stopped at once. Qadianists should not be allowed to bury their dead in Muslim cemeteries, they should be treated and looked upon as steadfast atheists.
All Muslim States are invited to stop all evil practices of the followers of Mirza Ghulam Ahmad who claimed Prophethood, they should be regarded as a non-Muslim minority and denied effective and sensitive posts of the state.
Illustrations of all distortions in the text of the Holy Quran should be published. Qadianists misinterpretations of the meanings of Quranic verses should be minimized and not put to public use.
All Muslim groups who deviated from the true Muslim path should be treated on equal terms with the Qadianists
Embarrassed by such resolutions and pressed hard from the emerging religious hierarchy. Qadianists turned to anti Zia forces in Pakistan and abroad. They looked to secular and socialist elements for their support in their struggle for survival. But at the same time the popular demand to implement the Constitutional Amendment in its letter and spirit gained currency. In the religious conferences, whenever the ulema and mashaikh had a chance to call on General Zia they Urged the need to curb anti-Islamic activities of Qadian and to eliminate this threat from the body politic of Islam. People expressed doubts over the Government’s programme of Islamization in the wake of mounting Ahmadiyya threat.
In the absence of any legislation, both groups of Qadianis jeered at the constitutional amendments. They openly continued to insists on calling themselves as Muslims, in Pakistan and abriad, continued to pronounce azan, call Mirza as Nabi and Rasool, continued to abuse various Muslim epithets and continued to label all other Muslims of the world as Kaafir. Suits were files in different courts of law in Punjab. The Civil Judge in Dear ghazi Khan is a suit filed by a Muslim, gave a temporary injuction and retrained the defendents from naming the disputed place as mosque and proclaiming azan. Qadianis filed an appeal before the District Judge against these injuctions but this was dismissed under the order dated 19 October 1975. Qadianis went to the Punjab High Court which set aside the orders of the lower courts. Mr. Justice Aftab Hussein of Lahore High Court in Abdul Rehman Mubashir vs Amir Ali Shah case held in his judgement on 12 November 1977 that:
'Ahmadis still remain completely free to profess and practice their religion and enjoy complete autonomy in regard to their religious tenets and institutions and that the constitutional amendment had not established any ground on which the court can issue an injunction to restrain Ahmadis from calling their places of worship a mosque (Masjid) or from using the call to prayer (Azan) in it or from offering their prayer in the manner laid down in Islam.' (1978 PLD 113)
Therefore there was no legal obstacle to the Ahmadis continuing to profess their faith in the same way as they had prior to the constitutional amendment. The Lahore High Court decision showed that the Constitutional Amendment had little impace on Qadianism in curbing their proselytisation and provocative activities. It was felt that something substantial has to be done in this regard. Leading scholars, alongwith Khatme Nabuwwat Movement, pondered over the issue and started a campaign for enforcement of the Constitutional Amendment in letter and spirit.
Ordinance 44
Pressed hard by the Khatme Nabuwwat movement, Ordinance 44 was passed in September 1980 which added Section 298-A to the Pakistan Penal Code Paksitan Penal Code (Act XLV of 1860 ) recently added by Ordinance No. XLIV of 1980). It was promulgated to stop Qadianis from using certain epithets, descriptions and titles reserved for the last 1400 years for Holy Prophet Muhammad SAW, His Successors, His wives etc. It provided a penalty for upto 3 years imprisonment:
298-A
“Use of derogatory remarks etc. in respect of holy personages. 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 any wife ( Amble Mumineen) or members of the family (Ahlebait) of the Holy Prophet (peace be upon him) “ or any of the righteous Caliphs (Khulafa-e-Rashideen ) or companions (Sahib) of the Holy Prophet (peace be upon him ) shall be punished with imprisonment of either description for a term which may extend for three years or with fine or with both.”
This Section was couched in general terms and was not made particularly applicable to Ahmadis only. Despite these measures, Qadianis persisted adamantly in their behaviour to the great frustration and annoyance of Muslims.
Mirza Nasir Died
On 9th June 1982, Mirza Nasir died of heart failure in Islamabad. Like his father, Mirza Nasir had ruled with a reign of terror against those who dared to disagree with him. He was labelled 'Fashionable Rasputin of Rabwah', 'Ghengiz Khan', a 'Holy Hoax' by his opponents. (Tarjuman-e-Islam, Lahore, 1 Sept 1972. But he saw the 1974 Anti Ahmadiyya movement helplessly snowballing until the Legislative Assembly of Pakistan passed the historical law declaring Qadianis a non-Muslim minority. Mirza Nasir became the ailing head of a depressed community in post-1974 era. His health deteriorated sharply. Following his wife's death he married a young Qadiani lady doctor, Tahira, after recieving inspirations. He, however had to use a lot of medicines, among them the Zad-e-Jam-e-Ishiq, whose formula was allegedly revealed to Mirza ghulam A Qadiani, to boost his sexual energy. However his ailing body could not tolerate these aphrodisiacs for and two months after the marriage, he died of heart failure, leaving his community confused and dismayed. (Ahmadiyya Movement - British Jewish Connection by Bashir Ahmad)
Tahir Grabs power
Mirza Tahir and his half brother Mirza Rafi Ahmad were the contenders for the post of future Khalifa. Mirza Rafi was forced to keep quite while the election drama took place and finally Mirza Tahir was elected as the fourth khalifa. Mirza Rafi left offended. He was labelled a hypocrite, Yazid, a stooge of Paighamis (Lahoris), a diehard rival of the Pious Khalifa, the rebel son of a bengali woman (his mother was bengali) and a trader in prayers. His supporters were excommunicated from the Jamaat. (Weekly MAG, Karachi, 22-28 July 1988)
Mirza Tahir soon assumed absolute control of the Jamaat. He ordered fresh Bait forms to be signed by all Ahmadis. he launched a massive 'Tableegh Campaign' in Pakistan. His preachers became more ruthless in propagating their beliefs. With their improper proselytisation tactics, they antagonised the masses and scholars. The aggressive mood of Rabwah forced Muslims to take necessary steps against them and once again the movement to implement the Constitutional Amendment in letter and spirit gained momentum.
Khatme Nabuwwat Movement
By 1984, a decade after the Constitutional Amendment, the Qadiani issue once again became the centre of public attention mainly due to efforts of Khatme Nabuwwat movement. The ulema insisted on General Zia-ul-Haq, now President of Pakistan, to take necessary steps to check the anti-Islamic activities of Mirza Tahir Ahmad and his minions without further loss of time. The Constitutional Amendment had failed to check the ever increasing overt and covert activities of Qadiani activists as they took advantage of all legal lacuna existing in its proper application. After a series of public meetings and demonstrations is early 1984 Majlis Amal (Action Committee) of the Tehrike Khatme Nabuwwat Conference decided to meet in Rawalpindi on 27 April 1984 to press for the following demands:
- Removal of Qadianis from key posts.
- Effective enforcement of Second Amendment.
- Imposition of ban on Ahmadiyya tabligh.
- Implementation of recommendation of the Council of Islamic Ideology regarding Qadianis (The Council proposed death penalty for an apostate)
- Arrest of Mirza Tahir Ahmad and some of his colleagues in connection with the disappearace of Maulana Aslam Qureshi (a Khatme Nabuwwat activist) and immediate recovery of Maulana Qureshi.
Maintenance of a close check on political and espionage activities of Ahmadis and their collaboration with the Zionists.
Ban on paramilitary forces of Rabwah like Khuddamul Ahmadiyya etc.
Identification of Ahmadis as non-Muslim on Identity cards and passports.
A large number of eminent ulema and office bearer of the Khatme Nabuwwat movement were arrested under 16 MP Order and 153 Pakistan Penal Code for delivering objectional speeches, in order to stop their participation in the Conference. Despite severe restrictions imposed by the administration, including the arrest of ulema, ban on the use of loud speakers, imposition of Section 144 in and around Rawalpindi city, people poured in form all the four Provinces of Pakistan and Azad Kashimr to make the Conference a success. The Tehrik threatenced to take direct action if their demands were not conceded.
Raja Zafarul Haque, the then Minister for Information and Broadcasting, played an active and appreciable role in bringing the representatives of the Tehrik and the Government at a round table conference. The Government had to yield to popular movement which could otherwise have culminated in political agitation against the martial Law regime. (Jang, Rawalpindi 13, 16, 22, 25 April 1984)
President Zia-ul-Haq issues Ordinance XX
A day before the Conference (26 April 1984) the President of Pakistan issued an Ordinance XX of 1984 called Anti Islamic Activities of the Qadiani Group, Lahore group and Ahmadis and (Prohibition and Punishment) Ordinance 1984. It prohibited the Qadianis, Lahoris and Ahmadis from indulging in anti Islamic activities. A new Section 298-B was inserted in Pakistan Penal Code to provide a punishment of three years imprisonment and fine for a person of these groups who by words either spoken or written, or by visible representation refers to the successors of Mirza Ghulam Ahmad as an Amir–ul-Mominin or his companions Sahaba, or his family as Ahle Bait or calls his place of worship as Masjid. The Section provides the same punishment for any such person who refers to the form of call to prayers followed by his faith as Azan or recites Azan as used by the Muslims. The new section inserted in the Pakistan Penal Code provides the same penalty for any such person who directly of indirectly poses as a Muslim or refers to his faith as Islam or preaches or propagates his faith or invites other to accept his faith, or in any manner whatsoever outrages the religious feelings of Muslims.
The Ordinance also amended Section 99A of the Code of Criminal Procedure 1898, so as to empower the Provincial Government to forfeit any newspapers, book or other document, printed in voilation of the new provisions inserted in the Pakistan Penal Code. The amendment made by the Ordinance in the Section 24 of the West Pakistan Press and Publication Ordinance 1963 empowered the Provincial Government to close down a press used for the printing and publication of any book or paper in contravention of the new provisions inserted in the Pakistan Panel Code, to annul the declaration of a newspaper which violates the said provision and to forfeit any book or paper containing any matter the printing or publications of which is prohibited by the said provisions. (The Muslim, Islamabad, 27 April 1984)
On account of the agitation of the Muslims over the persistence of the Ahmadis the impugned Ordinance was promulgated which added section 298-B and 298-C to the Paksitan Penal Code (Act XLV of 1860) and made consequential amendments in the Code of Criminal Procedure, 1898 (Act V of 1898) and West Press and Publications Ordinance, 1963 Sections 298-B and 298-C are as follows:
298-B
"Misuse of epithets, descriptions and titles, etc. reserved for certain holy personages or places.
1) Any person of the Qadiani 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', 'Khalifat-ul -Mumineen', 'Khalifat-ul-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 'Umm-ul-Mumineen';
c) Refers to or addresses any person other than a member of the family (Ahle-bait) of the Holy Prophet (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 Qadiani 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 from 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.”
298-C
“Person of Qadiani group etc. calling himself a Muslim or preaching or propagating his faith. -- Any person of the Qadiani group or the Lahori group (who call themselves Ahmadis or by any other name) who directly or indirectly poses himself as a Muslim or call 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 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.
These Sections made it a criminal offence for an Ahmadi:-
a) to call or pose himself directly or indirectly as a Muslim or refer to his faith as Islam;
b) to preach or propagate his faith or to invite others to accept his faith or in any manner whatsoever outrage the religious feelings of Muslims;
c) to call people to prayer by reciting Azan to refer to his mode or form of call to pryer as Azan;
d) to refer or call his place of worship as Masjid;
e) to refer any person other than a Caliph or companion of the Holy Prophet Muhammad (PBUH) as Ameerul-Mumineen, Khalifatul-Muslimeen, Sahaaba, Razi-Allah Anho any person other than the wives of the Holy Prophet (PBUH) as Umm-ul–Mumineen and any person other than a member of the family of the Holy Prophet (PBUH) as Ahle-bait.’
The anti Qadianis Ordinance was widely hailed by religious, social and political organizations professing different view points and the Muslims of world at large. The leading papers of the country called it a timely step’ and appreciated the Governemnt efforts in checking the anti Islamic of Qadianis. All leading dailies of Pakistan welcomed the Ordinace and demanded its enforcementin letter and spirit. (Nawa-e-Waqt, Lahore, 28 April 1984) Ahmadis were advised to live in Pakistan like other peaceful citizens and stop their anti Islamic activities. (Jasaarat, Karachi 28 April 1984)
The daily Jasarat in its leading article exposed political designs of Rabwah and condemned their collaboration with Zionists. The paper called Ahmadiyyat a sapling of Zionists and imperialist powers, having its roots in Israel and demanded:
(i) a complete ban on their libraries, publishing houses and study centers;
(ii) removal of Ahmadis from key posts;
(iii) ban on the issuance of licence and permits to Ahmadi businessmen;
(iv) a census to determine their nurmerical strength in each province of Pakistan;
(v) exposure of their modus operandi as a pressure group through state agencies;
(vi) ban on conversion of Muslims to Qadianism by imposing life long imprisonment and
(vii) need for coordination among Muslim countries to take legislative measures to curb Ahmadiyya activities in their countries and abroad.
The Pakistan Times in its leading article stated:
"Despite this (Second Amendment) quite clear and unambiguous declaration, however, the Qadiani and Lahore groups felt free to act and behave like other Muslims, even announcing their faith to be the (only) really true one, inside the country and abroad. It amounted to misrepresentation of Islam. It sought to undermine the unity of the Muslims and created confusion about the fundamental tenets of Islam. It was neat and proper, therefore to remove the anomaly and take the Second Constitutional Amendment to its logical conclusion. It was also urgently needed to ensure public peace and tranquility.. Those foreign elements who choose to depict these law born of narrow mindedness or bigotry should be properly briefed about the historical background of the whole problem and the rationale of their promulgation in an ideological state. It is important to ensure that vested interests do not succeed in tarnishing our image as a broad minded and progressive people." (Pakistan Times, Rawalpindi 29 April 1984)
The Daily Muslim under the caption of Positive Step writes:
“The promulgation of the Presidential Ordinance placing curbs on the activities of the Qadainis is a timely action which should set at rest the controversy surrounding this issue in recent months. Passions had been exited and public opinion mobilized. That this Ordinance was necessitated a full decade after the 1974 Constitutional Amendment which declared the Qadianis to be non-Muslims through a vote of the popularly elected National Assembly clearly underlines the lacuna and the dichotomies on an issue which agitates the people’s minds. It would have been in the fitness of things if the ambiguities had been cleared once and for all so as not to give an opportunity for a repetition of violence or provide an opportunity to those vested interests who may use this as an excuse for a witchhunt.” The Muslim, Islamabad 29 April 1984)
Mirza Tahir flees to London
The issuance of Ordinance ‘terrified’ Mirza Tahir Ahmad. He feared an arrest and sad end of his papacy. He was so scared of his arrest that he could not deliver his weekly Friday address on 30 April and asked one of his followers Sultan Mahmud to lead the prayer. There was a runour that he would be arrested and prosecuted in day or two and the Ahmadiyya organization would be banned after being declared a political body, funded and aided by the foreign powers. The Martial Law Government of President Zia would drag senior Ahmadis into the superior courts of law, Mirza Tahir would be charged with the ‘murder’ of Maulana Aslam Qureshi and running an anti-Islamic and anti-state subversive political organization in the name of Ahmadiyyat.
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