MUHAMMAD RAHMAT ULLAH vs State Ss — 2024 PCrLJ 1 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD RAHMAT ULLAH VS State Ss. 8, 9, 11-F(2), 11-G & 11-W---Prohibition of acts intended or likely to stir up sectarian hatred, membership of proscribed organization, support and meetings relating to a proscribed organization, projection of proscribed organization---Appreciation of evidence---Benefit of doubt---Non-recovery of material articles---Accused was charged for distributing banned books, magazines and stickers for propagation of his banned organization---During search of accused no material was collected which could label him as member of banned organization---Said fact had been conceded by witnesses in their depositions while stating that no membership card was recovered from possession of accused---Similarly, Investigating Officer also admitted that neither any organizational card was recovered nor any thing on the lead of accused---Though Investigating Officer claimed to have made an attempt to join the people from the locality where allegedly accused was living and deposed that no one came forward due to his being member of banned organization; but neither he named any person nor statement of any such person was recorded in whose presence he had made such attempt---Though CDR of accused was also brought on record but no suspicious number was tracked to show his link with banned/proscribed organization---Investigating Officer also admitted that he inspected the place of recovery but nothing like CCTV footage was found---Investigating Officer claimed to have associated the nearby shopkeepers for knowing the name of deserted unknown accused but he could collect no material in that respect---Again, name of shopkeeper was not deposed by him nor reference from any investigative material was indicated in that context---Thus, no material was available in support of charge under S. 11-F(2) of Anti-Terrorism Act, 1997---Appeal against conviction was allowed, in circumstances. Citation Name: 2024 PCrLJ 1 LAHORE-HIGH-COURT-LAHORE MUHAMMAD RAHMAT ULLAH VS State Ss. 8, 9, 11-F(2), 11-G & 11-W---Prohibition of acts intended or likely to stir up sectarian hatred, membership of proscribed organization, support and meetings relating to a proscribed organization, projection of proscribed organization---Appreciation of evidence---Benefit of doubt---Material extracted or retrieved from mobile phone recovered from possession of accused---Inconsequential---Accused was charged for distributing banned books, magazines and stickers for propagation of his banned organization---Prosecution's stance was that criminal liability of accused could be proved through material extracted or retrieved from mobile phone recovered from his possession on the day of raid---Material placed on record as well as Forensic Science Agency Report with respect to extraction of such material from the mobile phones was examined---Prosecution had also attached with the record a USB allegedly containing images, audios, videos, chat, call log etc., retrieved from the phone---Said evidence could not be used against the accused due to the reason that images retrieved from mobile phone were not put to the accused in his statement under S. 342, Cr.P.C., and USB was not played in the Court during the statement of any witness so as to prove its contents---Extraction of data from a personal mobile phone, even of an accused, without his consent was not a good practice as it was opposed to constitutional guarantee of right to privacy---If the accused was not ready to accord consent, then at least permission from Magistrate should have been taken---Though in present case, Anti-Terrorism Court supervised the processes of investigation whenever needed, but no such permission was found in the record nor prosecution had shown the same, therefore, retrieval of data from mobile phone of accused by Forensic Science Agency without the consent of accused amounted to self-incrimination prohibited under Art. 13 of the Constitution---Such evidence was ruled out from consideration---Appeal against conviction was allowed, in circumstances. Citation Name: 2024 PCrLJ 1 LAHORE-HIGH-COURT-LAHORE MUHAMMAD RAHMAT ULLAH VS State Benefit of doubt---Principle---For extending benefit of doubt, it is not necessary that there should be many circumstances; if there is only one doubt, the benefit of same must go to the accused. Citation Name: 2024 PCrLJ 1 LAHORE-HIGH-COURT-LAHORE MUHAMMAD RAHMAT ULLAH VS State Ss. 8, 9, 11-F(2), 11-G & 11-W---Prohibition of acts intended or likely to stir up sectarian hatred, membership of proscribed organization, support and meetings relating to a proscribed organization, projection of proscribed organization---Appreciation of evidence---Benefit of doubt---Delay of one hour and twenty five minutes in lodging the FIR---Accused was charged for distributing banned books, magazines and stickers for propagation of his banned organization---Record showed that Police Station was at a distance of 80 Kilometers from the place of recovery and FIR was registered at 1:45 p.m. within almost one hour and 25 minutes---Even if it was presumed that official witness swiftly left the place of recovery at 12.20 p.m. there was nothing to presume because said witness did not enter appearance in the dock to verify the facts---Earlier such distance of 80 kilometers was covered by the CTD raiding team in 3 hours 10 minutes, despite the fact they went straight to place of occurrence and did not stop anywhere as per statement of witnesses---In such circumstances to know the condition of road and means of transportation which witness used for reaching to the Police Station, testimony of witness was essential; therefore, his non-appearance was fatal to the prosecution case---Appeal against conviction was allowed, in circumstances. Citation Name: 2024 PCrLJ 1 LAHORE-HIGH-COURT-LAHORE MUHAMMAD RAHMAT ULLAH VS State Ss. 8, 9, 11-F(2), 11-G & 11-W---Prohibition of acts intended or likely to stir up sectarian hatred, membership of proscribed organization, support and meetings relating to a proscribed organization, projection of proscribed organization---Appreciation of evidence---Benefit of doubt---Recovery of one book and three magazines from the possession of accused---Inconsequential---Accused was charged for distributing banned books, magazines and stickers for propagation of his banned organization---Allegedly, one banned book and three magazines were recovered from the possession of accused, but the book and magazines were not available in the record which was to be responded by the prosecution yet it was found that except such nominal information, neither the title-images of such 4-book or magazines were part of record nor any observation of the Court that after seeing the original, the book and magazines were returned to the prosecution because of being banned or containing hate material---So much so no witness deposed before the Court about the contents of such book or magazines referring to any chapter or pages showing a cause of banning---Thus, such nominal evidence was to be ruled out from consideration which could not connect the accused with commission of offence---Appeal against conviction was allowed, in circumstances.

MUHAMMAD RAHMAT ULLAH vs State Ss — 2024 PCrLJ 1 LAHORE-HIGH-COURT-LAHORE

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