1989 PLP 17 (SCMR)
ZAHEERUDDIN and 4 others — Petitioners Versus THE STATE — Respondent
| Citation | 1989 PLP 17 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh and Shafiur Rahman, JJ |
| Parties | ZAHEERUDDIN and 4 others — Petitioners Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 1989 PLP 17 (SCMR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 17 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh and Shafiur Rahman, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 17 (SCMR) (ZAHEERUDDIN and 4 others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Fakhruddin G. Ebrahim, Sr. Advocate Supreme Court, Syed Ali Ahmad Tariq, Advocate Supreme Court and Muzaffar Hassan, Advocate-on-Record for Petitioners.
- Date of hearing: 12th September, 1988.
- Fakhruddin G. Ebrahim, Sr. Advocate Supreme Court, Syed Ali Ahmad Tariq, Advocate Supreme Court and Muzaffar Hassan, Advocate‑on‑Record for Petitioners.
Headnotes / Summary
(From the judgment of Baluchistan High Court, Quetta in Criminal Revisions Nos. 38 to 42 of 1987 respectively).
S. 298-C-- Constitution of Pakistan (1973), Arts. 185(3), 19, 20 & 25--Leave to appeal granted to consider: (1) whether wearing a `Kalma Tayyablea' badges by an Ahmadi amounts to "posing" as a Muslim so as to come within the mischief of S. 298-C, P.P.C., (ii) whether charge framed against accused was in accordance with law and if not what was its effect; and (iii) whether S. 298-C, P.P.C was violative of Fundamental Rights contained in Arts. 19, 20 & 25 of Constitution of Pakistan (1973). Nemo for the State.
Judgment & Decree
ABDUL KADIR SHAIKH, J.‑‑Petitioners in all these petitions were convicted under Section 298‑C, Pakistan Penal Code and sentenced to one year R.I. and fine of Rs.1,000 for the sole reason that being Ahmadis each was wearing badges of "Kalma Tayyabba', and were thus "posing" themselves as Muslims. Their convictions were upheld by the Additional Sessions Judge, Quetta and the High Court and their appeals and revision applications were dismissed. In support of these petitions for leave to appeal from the common judgment of the High Court dismissing petitioners' revision applications, Mr. Fakhruddin G. Ebrahim, learned counsel for the petitioners raised the following points: (1) Whether wearing a "Kalma Tayyabba" badge by an Ahamdil amounts to "posing" as a Muslin so as to come within the mischief of Section 298‑C, Pakistan Penal Code; (2) Whether the charge framed against the petitioners was in accordance with law, and if not what is its effect; and (3) Whether Section 298‑C, Pakistan Penal Code is violative of Fundamental Rights Nos. 19, 20 and
25. Since the points raised are of substantial legal importance we grant leave to appeal and allow these petitions. Appeals will be heard on the present record but it is open to the parties to file additional documents, if any. M.B.A./Z‑41/S Leave granted.