Sunday, 20 May 2012

Judgment against qadianis in Pakistan

PLJ 1996 Cr. C. (Peshawar) 2016

Present: sardar muhammad raza, J. Rana MUBASHAR AHMED and another-Petitioners

versus

STATE-Respondent

Criminal Miscellaneous No. 10 of 1996, decided on 10th March, 1996.

Pakistan Penal Code, 1860 (XLV of 1860)—

—Ss. 298-B & 298-C--Constitution of Pakistan (1973), Art. 12(l)(a)- Criminal Procedure Code (V of 1898), S. 561-A-Anti-Islamic Activities of Qadiani Group, Lahori Group and Ahmadies (Prohibition and Punishment) Ordinance (XX of 1984), Preamble-Quashing of proceedings-Accused being known Qadianis while submitting Form "A" for obtaining National Identity Card had allegedly professed their religion in the relevant column to be Islam-Said Form "A" had been filled in and submitted by the accused in the Registration Office on 28-8-1982 where as professing Islam as a religion by an Ahmadi or Quadiani was made an offence through the promulgation of Ordinance XX of 1984 w.e.f. 26-4- 1984-Evidence recorded by Trial Court revealed that the accused (petitioners) openly claimed to be Ahmadis and never professed their religion as Islam particularly after the promulgation of Ordinance XX of 1984 and even in Form "B" concerning the registration of their children subsequent to the promulgation of the said Ordinance they had entered their religion in the relevant column as Ahmadi and never adopted duality-Involvement of accused in the case, thus, was in utter disregard of Art. 12(l)(a) of the Constitution and the proceedings against them in r Court being an absolute abuse of the process of law as well as of Court where quashed.        [Pp. 2017 & 2018] A, B & C

Mr. Ejaz Afzal Khan, Advocate for Petitioner. Miss Nighat Afsar, Advocate for the State. Date of hearing: 10th March, 1996.

judgment                                                     

Rana Mubashar Ahmad and Rana Munawar Ahmad sons of Karamatullah, residents of Mohallah Khan Bahadur Mansehra, through this petition under section 561-A, Cr. P.C. seek the quashment of proceedings taken against them under sections 298^B and 298-C, P.P.C. by City Police Mansehra vide F.I.R. No. 273/94, dated 9-5-1994, on the ground of being an abuse of process of law and abuse of the process of Court.

2. Brief background of the case is that one Abdur Rauf Roofi made a written complaint before the Sub-Divisional Magistrate, Mansehra that the petitioners being known "Quadianis" of Mansehra, while submitting Form "A" for the National Identity Card, had professed their religion in the relevant column to be Islam which offended the aforesaid sections of the Penal Law.

3.     An inquiry was conducted in the Registration Office,  the allegation was found true and a case was registered accordingly. The challan was put in Court and the trial by now has come to a stage where the evidence of prosecution is almost complete. The petitioners filed application before the trial Court for their acquittal under section 249-A, Cr. P.C. which was rejected. It met the same fate before the learned Sessions Judge in revision, who was of the view that as the evidence of prosecution was almost complete, it was not a proper stage for acquittal under section 249-A, Cr., P.C. The petitioners have moved this Court under section 561-A, Cr. P.C.

4.   By words either spoken or written or though any other means of representation or communication, it has become illegal for an Ahmadi, either of Quadiani or of Ahmadi sect, to profess Islam as his religion. This has been made an offence under newly added sections 298-B and 298-C, P.P.C., through promulgation of Ordinance XX of 1984 that came into force on 24-4- 1984.

5.    The Investigating Agency, the trial Court and the Court of Session unfortunately have failed to appreciate, rather avoided to appreciate the most unavoidable factual as well as legal aspect of the present case that professing Islam by an Ahmadi or Qadiani was made and offence through the promulgation of Ordinance XX of 1984 w.e.f. 26-4-1984 whereas Form  A" in question was filled in and submitted by the petitioners on 28-8-1982. Both the Courts below have avoided to comprehend that the very allegation of the complainant did  not  constitute an  offence at all and that the petitioners' involvement in the instant case was i« utter disregard of Article 12(1) of the Constitution of Pakistan.

6.   So far is the legal aspect of the case which offended the veiy registration of F.I.R. It is clear from the veiy statement in Court of Abdur Rauf Roofi (P.W. 2), the complainant and Muhammad Akram, District Registration Officer (P.W.  1) that the petitioners openly claimed to be Ahmadis and never professed their religion as Islam particularly after the promulgation of Ordinance XX of 1984. It is apparent from Form "B" of  egistration concerning the registration of children of the petitioners (Exh. P.W. 1/D1 and Exh. P.W. 1/D3) that subsequent to the promulgation of the aforesaid Ordinance the petitioners entered their religion in the relevant
column as Ahmadi. They never adopted duality.

7.   In the circumstances of the present case, the entries in Form "A" made by the petitioners on 28-8-1982 never constituted any offence and hence the very registration of case was an absolute abuse of the process of law, much less the trial thereof which has been an absolute abuse of the process of Court.

8.  Miss Nighat Afzal learned counsel for the State relied upon 1994 PCr. LJ 1469 but it was a case where the provisions of section 561-A, Cr. P.C. were in fact not attracted. The complainant therein had brought a charge against the accused under section 409, P.P.C. where police case was dropped and hence the complainant brought a private complaint wherein material evidence had stood recorded when the accused suddenly came up with a plea for quashment under section 561-A, Cr. P.C. Miss Nighat Afzal further relied upon PLD 1994 Pesh. 141 which is a judgment written by myself and which goes against the stand taken by the learned counsel. It rather favours the petitioners.

9.    The present proceedings against the accused petitioners vid  F.I.R. No. 273, dated 9-5-1994 of Police Station Mansehra City, being an absolute abuse of the process of law as well as the process of Court, are hereby quashed under section 561-A, Cr. P.C. Both the accused are acquitted of the charge under sections 298-B and 298-C, P.P.C. They are on bail and their sureties are discharged of the liability under the bail bonds.

(M.A.A.)                                                                     Proceedings quashed.


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