Funeral procession

2017 YLR 2394 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 7(g) & 9Speech creating sectarian hatredAppreciation of evidenceSlogans against Armed Forces and a particular sectFuneral processionIdentification and nomination of accused persons

Complainant in his statement contended that he nominated the accused persons by knowing their names through security officials and C.T.D. officials who were present at the spot

Complainant captured the event by camera but did not disclose such recording for helping in identifying the accused

Number of participants in the procession were not mentioned in the complaint by the complainant but he mentioned them between 500-1000 during his testimony

Source persons were also not cited as the witnesses

No person from a particular sect appeared to join the investigation

Testimony of complainant was nothing but an unresolved riddle which did not establish the identification of accused

To select a few from hundreds of slogan raisers, if at all it was so, for naming them as accused in such a case required a high degree of sensibility, which was not shown

Extra pace of the trial to overcome much needed sensibility as to the said fact, could result in a fallacious verdict of guilt against the accused

Prosecution could not establish identity of the accused beyond mere estimations

Conviction and sentence of accused was set aside.