SALAMAT MANSHA MASIH vs State S — 2022 PLD 751 SUPREME-COURT

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SALAMAT MANSHA MASIH VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 295-A, 295-B & 295-C---Constitution of Pakistan, Arts. 20(a) & 185(3)---Christian (man) accused of preaching Christianity, defiling the Holy Quran, using derogatory remarks and defiling the sacred name of Prophet Muhammad (pbuh)---Bail, grant of---Further inquiry---Testimony of the complainant and his friends was to the effect that the co-accused of the accused produced a book and both of them intentionally started preaching Christianity---Preaching of Christianity was not a crime nor could it be made into one because of the Fundamental Right to profess, practice and propagate one's religion---Said book, which was also mentioned in the FIR, did not contain any blasphemous material---Besides there was no material to support the allegation of preaching, and such allegation was undermined when admittedly, the accused was not stated to be a preacher, but was a simple sweeper---Accused was also far less educated than the complainant and his friends, making it difficult to accept that they would not have rebutted his purported assertions, and stood by silently for thirty minutes---Complainant took about eight hours to inform the police, even though the police station was in the immediate vicinity of the purported crime scene---Accused remained incarcerated for almost a year and a half and according to the prosecution and the police throughout this period no incriminating material was recovered from him, either at the time of his arrest or thereafter---Mobile phone of the accused was also checked but that too did not reveal any incriminating material, or material to suggest that the he had the propensity to do what he was alleged to have done---Distance of the park, where the alleged incident took place, from the college, where the complainant and his friends came from, was about ten kilometers, but there was nothing on record to show why they choose this distant park and how they got there---Significantly, others who would be present in the park and guards posted at the park did not raise their accusing finger at the accused, nor were they associated with the investigation---Charge (as framed) against the accused combined three distinct offences into one---Each offence had separate ingredients, but the charge did not state this---No allegation was made (either in the FIR or challan) with regard to the defilement of the Holy Qur'an yet the accused was also charged under S. 295-B, P.P.C.---Entire prosecution case rested on the testimony of the complainant and his three friends, however there was nothing to corroborate their testimonies---Present case was one of further inquiry, entitling the accused for bail---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail.

SALAMAT MANSHA MASIH vs State S — 2022 PLD 751 SUPREME-COURT

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