TAHIR NAQASH vs State Ss — 2022 PLD 385 SUPREME-COURT

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TAHIR NAQASH VS State Ss. 295-B, 295-C, 298-B & 298-C---Criminal Procedure Code (V of 1898), S. 561-A---Deletion of sections 295-B & 295-C, P.P.C. from the charge---Members of Ahmadi/Qadiani group styling their place of worship as a mosque; displaying sha'air-e-Islam on the walls inside their place of worship and maintaining copies of the Holy Quran therein---Accused persons were put to trial and the Trial Court framed the charge against them for offences punishable under sections 298-B & 298-C, P.P.C.---Later, the complainant filed an application under section 227, Cr.P.C. for alteration of the charge praying that offences punishable under sections 295-B & 295-C, P.P.C. were also attracted and the same be added to the charge---Trial Court allowed such application and added sections 295-B & 295-C, P.P.C. to the charge---Said order of Trial Court was upheld by the Revisional Court and the High Court---Legality---To constitute an offence under section 295-B, P.P.C. the accused must have defiled, damaged or desecrated a copy of the Holy Quran or an extract therefrom or use it in any derogatory manner or for any unlawful purpose---In the present case, there is no allegation in the crime report that attracts the said offence---Similarly, to constitute an offence under section 295-C, P.P.C., there must be words spoken or written or by visible representation or any imputation, innuendo or insinuation, direct or indirect, which defiles the sacred name of the Holy Prophet Muhammed (peace be upon him)---In the present case, the display of the Kalima, having name of the Holy Prophet Muhammed (peace be upon him) therein, inside the place of worship did not attract the constituents of section 295-C, P.P.C.---Acts charged in the present case did not attract sections 295-B & 295-C, P.P.C. either by the plain reading of the words of these two provisions or by their construction through the lens of the express or manifest intention of the Legislature behind them---Petition for leave to appeal was converted into appeal and allowed; petition of the accused persons under section 561-A, Cr.P.C. was accepted and the orders of the trial and revisional courts were set aside with the direction that the trial of the accused persons shall proceed on the basis of the charge framed only for offences punishable under sections 298-B & 298-C, P.P.C.

TAHIR NAQASH vs State Ss — 2022 PLD 385 SUPREME-COURT

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