ISLAMABAD, March 21: As the religious lobby starts questioning if a non-Muslim can become the Chief Justice of Pakistan, former judges of the Supreme Court believe that the Constitution does not bar anybody from presiding over the apex court on the basis of religion.

The debate was triggered after the arrival of the senior-most judge of the Supreme Court Justice Rana Bhagwandas from a visit to India as the law ministry moved a summary about his appointment as the acting Chief Justice of Pakistan.

Senator Maulana Samiul Haq, representing the Deoband school of thought, said on Wednesday that a non-Muslim could not become the chief justice of the highest court of an Islamic state from the Islamic and the Shariah point of view. He said the current situation was agonising for the country and it should pause for reflection.

The 1973 Constitution of Pakistan is very clear. It requires only the president of Pakistan to be a Muslim. In case of the prime minister, there is no bar in the Constitution but his oath of office requires him to be a ‘believer’.

In a statement, he said never had a non-Muslim held such a post in the Islamic history and it was “mandatory for a Qazi to be a Muslim”. He said the situation could become even more critical because Shariah Appellate Bench also worked under the Chief Justice of Pakistan and a final decision relating to Shariah was in the jurisdiction of the chief justice.

Former Chief Justice of Pakistan Justice Nazimuddin Siddqui said he would not comment on the issue because it might create another controversy, adding that he had refrained from commenting on the current situation.

However, Justice Saeed-uz-Zaman Siddiqui, another former Chief Justice, said there was no constitutional bar on a non-Muslim from becoming Pakistan’s Chief Justice. Justice Cornelius, a Christian, had remained the chief Justice of Pakistan in the 1960s. He said although the 1973 Constitution was different when compared with the 1962 Constitution and President Zia had introduced a full Chapter relating to the Federal Shariat Court but subsequent amendments had not been made and hence a non-Muslim could become a Chief Justice.

He said the Shariat Appellant Bench comprised three senior-most judges of the apex court and two Ulema but it was not necessary for the chief justice to preside over the bench. The senior-most judge after the Chief Justice could preside over the bench, he said.

Justice Dr Javed Iqbal, son of Alama Iqbal and also a former Chief Justice, said the Constitution did not bar a non-Muslim from becoming the country’s chief justice.

He also said the Chief Justice could depute a senior judge to head the Shariat Appellant Bench and it was mandatory for him to personally head the Shariat Bench.

Former Chief Justice of Pakistan Justice Afzal Zullah declined to comment.