1997 P Cr (PLP)

One Noor Muhammad submitted an application before the Assistant Commissioner Jhang against Abdul Rahim alias Kaka (petitioner) and 9 others with the allegations that the accused had converted a small house into a mosque and were preaching their religious views wherein derogatory attitude has been adopted in respect of Holy Prophet (Peace Be Upon Him) and Holy Companions and eminent jurists of Islam. It was further reported that on the application submitted by Noor Muhammad, Magistrate, Jhang conducted an inquiry and submitted a report, dated 4-7-1996 according to which the accused distributed literature authored by Dr. Usmani which had infuriated the local residents and public peace is being disturbed. Resultantly a case under section 295-A, P.P,C. read with section 16, Maintenance of Public Order, Ordinance, 1960 was registered at Police Station Jhang City and the petitioner and others were arrested.

2. The petitioner applied for bail before the lower Court which application was dismissed whereafter present application was submitted.

3. Learned counsel for the petitioner submitted that petitioner belonged to Ahl-e-Hadith and was a staunch Muslim and case against him was registered purely on sectarian grounds at the behest of complainant who belonged to another sect of Muslims. It was further submitted that F.I.R. did not contain a single instance where petitioner had expressed any opinion derogatory of the Holy Prophet (Peace Be Upon Him) or the Holy Companions and that the allegation was without any foundation. It was contended that the co-accused of the petitioner were allowed bail and involvement of the petitioner was actuated with malice and was for the purpose to restrain him from building a small mosque in the area.

4. Learned counsel for the complainant referred to a number of books and pamphlet authored by Dr. Usmani and certain other persons to highlight the argument that this particular sect was using insulting language in respect of Holy Prophet (Peace Be Upon Him) and other Muslims. It was further contended that the petitioner was found as having used disrespectful language qua "Haram-e- Nabwi" during the inquiry conducted by the Magistrate 1st Class and evidence was available to show that the petitioner is guilty of offence under section 295-A, P.P.C It was contended that the offence with which the petitioner stood charged entailed punishment of 10 years and as such the petitioner was not entitled to grant of bail. Learned counsel for the State has also opposed the grant of bail to the petitioner.

5. Fanaticism, extremism and religious intolerance have permeated our entire societal fabric. Personal beliefs, dogmas and creeds are preached with fiery rhetoric and tried to be pushed down the throats of others without having regard to the views personal to others and at the same time religious views of adversaries are rejected as being blasphemous. The case in hand is an example of similar attitudes on both the sides.

6. The petitioner is one of a small band of followers of an obscure religious leader Dr. Usmani having and preaching ideas which are not too well -known or publicized. From perusal of literature produced by learned counsel for the complainant in Court, it appears that the petitioner belongs to a sect which professes and preaches strict adherence to Qur'anic Injunctions and the Ahadith of the Holy Prophet (Peace Be Upon Him) and disapproves Sufism, visits to shrines and such other rituals. The puritanical views of the sect are not novel but method of propagation of these views is quite unwholesome. The logic employed is crude and dialectic murky and occasional by intemperate but otherwise does not appear to be anti-Islamic. As is wont with all self-proclaimed reformers aggressiveness in thought is very much visible but appears to be not mentioned. The allegations contained in the F.I.R. against the petitioner and his co-accused are to the effect that he distributed literature, which was offensive to general body of Muslims but no such literature was recovered from the petitioner. The F.I.R. also does not contain any instance where the petitioner had used disrespectful language in respect of Holy personages of Islam. The other allegation is that the petitioner and others had converted a small house into mosque and were using the same for preaching their religious beliefs. This in itself is no offence under the law unless of course, the views are expressed which are specifically meant to injure the feelings of people of other sects. The F.I.R. is alss silent in this regard as well. The belief or creed being professed by the petitioner or his co-accused has not been found to be militating against the religion of Islam. As observed earlier, a puritanical view of teaching of Islam is being forwarded, propagated and preached by the petitioner and others, which in an enlightened society, should be tolerated. Persecution or prosecution on account of divergence of views is anti-thesis of the "Deen-e-Rehmat".

7. The co-accused of the petitioner have already been allowed bail. Case of the petitioner is not distinguishable from that of the co-accused. He is allowed bail in the sum of Rs.30,000 with two sureties each in the like amount to the satisfaction of Judicial/Illaqa Magistrate of the Police Station, Jhang City. N.H.Q./A-150/L Bail allowed.