2011 PLP 717 (YLR)
Malik ZAFAR AWAN — Petitioner Versus S. H.O. — Respondent
| Citation | 2011 PLP 717 (YLR) |
| Forum / Court | Islamabad |
| Bench Members | Muhammad Anwar Khan Kasi, J |
| Parties | Malik ZAFAR AWAN — Petitioner Versus S. H.O. — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2011 PLP 717 (YLR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP 717 (YLR)?
The case was heard and decided by the Islamabad bench comprising: Muhammad Anwar Khan Kasi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 717 (YLR) (Malik ZAFAR AWAN — Petitioner Versus S. H.O. — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Ss. 295-C & 302/109
Anti-Terrorism Act (XXVII of 1997), S.7
Constitution of Pakistan, Art.199
Using of derogatory remarks etc. in respect of Holy Prophet (P. B. U. H.), qatl-e-amd and terrorism
Constitutional petition
Petition was filed against the lodging of F.I.R. against the accused who allegedly murdered Ex-Governor of Punjab
According to the Petitioner, accused had not committed any offence because he killed a man who had made contempt to the honour of Holy Prophet (P. B. U. H.)-Petitioner had urged that murder of such a person was legal as said person had been agitating the emotions of Muslims
Petitioner further stated that arrest of accused was illegal and without any justification; and that instead of F.I.R., against the accused, another F.I.R. be registered against the concerned S.H.O. under S.295-C, P.P.C.
Admittedly, the honour and status of Holy Prophet Hazrat Muhammad (P. B. U. H.) is above all the humanity and the world
In an Islamic country none could be permitted to say anything against the Honour of Holy Prophet Hazrat Muhammad (P. B. U. H.), however, none could be allowed to take law into his own hands
Legislature had imposed the law in that regard and S. 295-C, P.P.C. was incorporated to deal with such matters
Anybody attempting or committing the offence under S.295-C, P.P.C., would be dealt with in accordance with law by the court
Court had been given powers to decide about the guilt or innocence of a person after appreciating proper evidence
If individuals would start taking law into their own hands, that would create chaos in the society, because such punishment by individuals would be without the proof of allegations
State was responsible to register criminal cases and send accused before the competent court to face the trial
Islam is the religion of peace and tolerance and in such matters, where offences under S.295-C, P.P.C. were said to be committed, the relevant law should be brought into motion and the courts would decide the cases in the light of relevant evidence
Constitutional petition was dismissed. Petitioner in person.
Judgment & Decree
MUHAMMAD ANWAR KHAN KASI, J.
This petition has been filed against the lodging of F.I.R. No.6/ 11, under sections 302/109, P.P.C. read with section 7-ATA of Police Station Kohsar, Islamabad, against Malik Mumtaz Hussain Qadri on the allegation of, murdering of Mr. Salman Taseer, Ex-Governor Punjab.
2. According to the petitioner, the accused has not committed any offence because he killed a man who had made contempt to the honour of Holy Prophet Hazrat Muhammad (PBUH). He argued that murder of such a person is legal, because even the repentence of such a person is not accepted by Allah Almighty as he had been agitating the emotions of Muslims. The arrest of the accused, according to him, is illegal and without any justification and instead of present F.I.R., another F.I.R. under section 295-C, P.P.C. be registered against the concerned S.H.O.
3. Admittedly, the honour and status of Holy Prophet Hazrat Muhammad (PBUH) is above all the humanity and the world. In other words it can be stated that (ﺑﻌﺩﺍﺯﺧﺪﺍﺑﺯﺭﮒﺗﻮﻫﻯﻗﺼﻪﻣﺨﺗﺭ)". It is, also a unanimous verdict that the punishment of a Muslim, who abuses Holy Prophet or degrades Him, is "death". There is no denial that in a Muslim Country none can be permitted to say anything against the honour of Holy Prophet Hazrat Muhammad (PBUH) and at the same time none can be allowed to take law into his own hands. Keeping this in view, legislature imposed the law in this regard and section 295-C was incorporated to deal with such matters. Anybody attempting or committing the offence under section 295-C, P.P.C. would be dealt with in accordance with law by the court. Because the courts have been given powers to decide about the guilt or innocence of a person after appreciating proper evidence. 5(sic). If individuals start taking law into their own hands, it would create choas in the society because such punishments by individuals would he without the proof of allegations.
6. The State is responsible to register criminal cases and sent the accused before the competent court to face the trial, therefore, in the present circumstances the procedure of law cannot be disturbed. Islam is the religion of peace and tolerance and in such matters where offences under section 295-C, P.P.C. are said to be committed, the relevant law should be brought into motion and the courts would decide the cases in the light of relevant evidence.
7. Viewing the above, the petition is dismissed in limine. H.B.T./Z-4/Isl. Petition dismissed.