P L D 1988 Karachi 305 (PLP)

SAJJAD ALI SHAH, J.‑‑Grievance of the petitioner is that in the Holy Qur an nude and other indecent pictures have been found concealed in the binding. Previously, he filed Constitutional Petition No.1385 of 1986 on the ground that police stations were not prepared to file reports. This petition was disposed of vide order dated 6‑1‑1987 on the basis of statement of Advocate‑ General Sind who informed the Court that he had enquired from S.H.0s. named in the petition who stated that if anybody came forward to lodge the report, the same would be lodged and the matter would be investigated according to law. The petition was dismissed as‑infructuous on the ground, Subsequently the petitioner has filed the present petition on the same grievance and complained that since the issue involved whole of Pakistan hence instead of going to the concerned Police Stations in the areas in which Holy Books containing objectionable materials were found, he approached F.I.A. to take up the preliminary investigation in order to find out as to who was behind this mischief and how these Holy Books with such objectionable material are being circulated in the country. According to the petitioner, he assisted F.I.A. and Director F.I.A. ordered preliminary investigation and in presence of a ,Magistrate search was made of the premises of Taj Company SITE, Karachi. Five copies of Holy Qur an were recovered, out of which objectionable pictures were recovered concealed in the binding of three. Petitioner approached Director, F.I.A. at Islamabad and also Ministry of Interior, Government of Pakistan. Petitioner contended before us that the manner in which such objectionable pictures were concealed in the binding of Qur an Shareef amounted to defiling of Qur an Shareef which is,‑an offence under section 295‑B, P.P.C. which is a cognizable offence punishable with imprisonment for life. F.I.A. also has concurrent jurisdiction to investigate the matter and in this context reference has been made to section 3 of the Federal Investigation Agency Act, 1974. On 23‑6‑1987 learned Deputy Attorney‑ General appeared on behalf of respondents and stated that F.I.A. was seized of the matter and had made a detailed investigation and had also prepared report which had been submitted to the Director‑ General, F.

1. A. for further action. Today Mr. Qadir Saeed, Standing Counsel has produced before us a detailed report, which is signed by the Joint Secretary of ministry of interior. According to this report investigation was made by F. I. A. , which revealed that in the year 1980 Taj Company Ltd‑ Karachi placed an order for printing 12500 copies of Holy Qur an (Series No.24/2) with the Italian concern namely M/s. IL‑GHIFO with address in MILANO. ITALY against Import Licence No.A‑79291, Calligraphy was supplied to the printers and proof reading was done by the Taj Company in Pakistan but actual printing and binding was done by the Italian concern. In 1981, it came to the notice of the Taj Company that in the binding of Holy Qur an stuffing was done of paper material from old Art Magazine, Some of which contained nude pictures and other works of art. Taj Company wrote a stiff letter to the Italian concern and also stopped placing further new orders. Delegation headed by Maulana Asfand Yar also contacted Taj Company and they were informed about the whole incident and they were satisfied with the explanation. Report of F.I.A. clears Taj Company on the ground that there was no intentional lapse on their part and they were very sincere in taking necessary steps to withdraw series 24/2 from the Market at once when the matter was brought to their notice. F.I.A. is also of the view that total supply of series has long ago exhausted as it was put on sale In the year 1981‑

82. It appears from the report mentioned above that nobody in Pakistan can, be blamed for this reprehensible act of stuffing of objectionable pictures in the binding of the outer cover of Holy Qur an which was indisputably done in Itally which is a foreign country. Prompt steps were taken to remedy the situation and Tai Company has been cleared by F.I.A. from any possible blame. Going back to the Constitutional Petition under consideration, we would like to say that even after the report of F.I.A, stated above, if any Qur'an Shareef is found in any area of the Police Station with the kind of stuffing mentioned above, a report can be lodged at the Police Station by any person, which would be dealt with strictly according, to law. So far the concurrent jurisdiction of F.I.A. is concerned to investigate into the matter as stated above the report of F.I.A. is self‑explanatory. Furthermore, we would like to state that if at any Police Station report is not lodged then as provided under the law aggrieved person can file also a direct complaint in the Court. With these observations, we state that no further 'interference is called for and the petition is dismissed in limine. H B. T. / M-370/ K Order accordingly.