2004 PLP 1736 (YLR)

Syed Nazir Hussain Shah Kazmi, Advocate for Respondents. Through this petition under section 44 of Azad Jammu and Kashmir Interim Constitution Act, 1974, the petitioner seeks a direction to the respondents that they should not deface postal stamps with black ink having portraits of national heroes, the word "Pakistan", Flag of Pakistan/Azad Jammu and Kashmir, sacred places and the verses of the Holy Quran. The case of the petitioner is that he Post Office has issued postal stamps, upon which the flag of Pakistan, portraits if Quaid‑e‑Azam Muhammad Ali Jinnah, Dr. Allama Muhammad Iqbal, Mohtarima Fatima Jinnah, Liaquat Ali Khan and other rational heroes as well as the historical and sacred places and the verses of Holy Quran are printed. These are defaced by the date tamps with black ink in a very insulting and disrespecting manner, which is contemptuous of National Heroes as well as a disgrace to historical and sacred places. The respondents have filed comments stating that the metal lead date stamps, are used with black ink only to deface the postage stamps to control the leakage of revenue. According to them, there is no mala fide intention in using the lead date stamps in black ink upon the, postage stamps, as the stamps are cancelled by affixing the lead dated stamps. The learned Advocate appearing for the petitioner contended that under Rule 25 of the Azad Jammu and Kashmir Flag Rules, the flag of Azad Jammu and Kashmir cannot be used on any stamp without the permission of the Government, therefore, the usage of the flag and its subsequent defacement by the respondents is violation of the rules. He also relied on subsection 3 of section 15 of the Azad Jammu and Kashmir Council Post Office Act, 1976, contending that the Government is obliged to prescribe the conditions with regard to the defacement and other matters of metal lead date stamps etc. According to the learned Advocate, the defacement of the National Heroes, sacred places and the verses of Holy Quran by affixing the metal lead date stamps with black ink, amount to an offence under section 295‑B of Penal Code as this is used in a manner derogatory to their dignity and respect. After hearing the learned counsel for the parties, I have perused the record appended with writ petition and the law relied upon by the learned counsel for the petitioner. Under rule 107(1)(a) of the Post Office Manual Rules, the postage stamps are required to be defaced by impressing the combined date‑stamps over each postage stamp and under sub‑rule 2 of the rule the black ink must always be used for stamping articles, documents etc. except in cases where another colour is specified. The wisdom behind this is that the post stamps once used should not be used again. It never means a disrespect arid dishonour or defacement of the dignity of the sacred places or verses of the Holy Qur'an or the Flag of Nation. They are inscribed on the postage stamps issued to pay homage and commemorate the national heroes, national events or national days. The defacing of such stamps never means a disrespect or insult to them, but to stop revenue leakage by reuse of such stamps/tickets. The postal stamps are issued under the authority of law and the method of defacement of the stamps is also provided by relevant law and rules, hence it cannot be said that the defacement is made contrary to law or rules. There are specific provisions in the Postal Act Manual, regulating issuance and defacing of stamps. No intention of malice, hatred or ridicules is, therefore, involved and the provisions of law complained to have been violated are not at all attracted in the case in hand, as these provisions regulate the manner of defacement of the stamps etc., not penal in nature. As far the provision of section 295‑B Penal Code is concerned, it is not attracted at all, it is a misconceived argument. In view of above, finding no force in this writ petition, it is hereby dismissed in limine. H.B.T./3/AJK Petition dismissed.