MUBARIK AHMAD SANI vs State Ss — 2024 SCMR 1303 SUPREME-COURT

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MUBARIK AHMAD SANI VS State Ss. 7 & 9---Penal Code (XLV of 1860) Ss. 295-B & 298-C---Constitution of Pakistan, Art. 12(1)---Charges, deletion of----Distributing/disseminating a proscribed book, defiling, etc., of Holy Quran, person of Qadiani group calling himself a Muslim or preaching or propagating his faith---Counsel for petitioner (accused) submitted that distributing/disseminating a proscribed book was made an offence by the Punjab Holy Quran (Printing and Recording) (Amendment) Act, 2021 in the year 2021 whereas the FIR alleged that the petitioner had committed the alleged act in 2019---Validity---Contention of the counsel that the said offence was incorporated into the law in 2021 was correct---Article 12(1) of the Constitution stipulates that a person cannot be charged for something which was not an offence when it was done---Therefore, since in the year 2019 the distribution/dissemination of a proscribed book was not an offence, the petitioner could not have been charged for it---Furthermore, counsel representing the complainant read out the FIR, but nothing was stated therein to constitute the offences under sections 298-C and 295-B of the P.P.C.---Challan was also silent in this regard---Charge framed by the Additional Sessions Judge to the extent of charging the petitioner for the offences under sections 298-C and 295-B of the P.P.C. did not accord with the provisions of Chapter XIX of the Code of Criminal Procedure, 1898 ('the Code'), which pertain to charge---Present case was also not one wherein the charge could be altered or where the petitioner could have been convicted of a lesser offence to those under sections 298-C and 295-B of the P.P.C.---Holy Quran requires that all matters of significance should be pondered over and reflected upon---All those concerned with the present case should have done so, instead they were eager to demonstrate that the Holy Quran was desecrated and that God's Last Messenger (peace and blessings of Almighty Allah be upon him) was denigrated---If only the functionaries of the State had heeded the Holy Quran, considered the Constitution and examined the law then the FIR would not have been registered in respect of the abovementioned offences---Petition for leave to appeal was converted into an appeal and allowed by setting aside the impugned order and by deleting section 7 read with section 9 of the Punjab Holy Quran (Printing and Recording) Act, 2011 and sections 298-C and 295-B of the P.P.C. from the charge framed against the petitioner. Citation Name: 2024 SCMR 1303 SUPREME-COURTBookmark this Case MUBARIK AHMAD SANI VS State S. 497---Criminal Law Amendment Act (XXIII of 1932), S. 5---Constitution of Pakistan, Arts. 4, 9, 10A & 185(3)---Dissemination of contents of proscribed document---Bail, grant of---Accused remaining in jail for a period longer than the sentence prescribed for the offence he is charged with---Violation of his Fundamental Rights---Petitioner (accused) remained incarcerated for thirteen months, which was more than double the permissible punishment under section 5 of the Criminal Law Amendment Act, 1932---Trials in respect of offences where the maximum sentence of imprisonment was relatively short must be conducted promptly or the accused should be granted bail---However, bail was declined to the petitioner by the Additional Sessions Judge without considering that the petitioner had already served out the maximum prescribed imprisonment for the said offence---High Court also dismissed the petitioner's bail application, through the impugned order by overlooking this crucially important aspect of the case---Therefore, since the petitioner had already served out the maximum imprisonment of six months prescribed for the offence if he was found to be guilty of having committed it, keeping him incarcerated would violate a number of his Fundamental Rights, including Articles 4, 9 & 10A of the Constitution---Petition for leave to appeal was converted into an appeal and allowed by setting aside the impugned orders and it was ordered that the petitioner be immediately released upon provision of a personal bond in the sum of five thousand rupees in respect of the case arising out of the FIR.

MUBARIK AHMAD SANI vs State Ss — 2024 SCMR 1303 SUPREME-COURT

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