ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P.NO.D-145 OF 2009.

DATE ORDER WITH SIGNATURE OF JUDGE

10.05.2011.

1. FOR KATCHA PESHI.

2. FOR HEARING OF MA NO.639 OF 2009.

Mr. Abdul Hameed Bajwa, Advocate for Petitioners.

Mr. Anwar H. Ansari, State Counsel.

Mr. Ishrat Ali Lohar, Advocate for Respondent No.2.

. . . .

Through this petition, the Petitioners have called in question the cognizance taken by the Anti-Terrorism Court, Mirpurkhas, in Crime No.86 of 2008, under sections 295-A, 295-C, 34 PPC and section 9 of Anti-Terrorism Act, registered at P.S. Kunri, pending as Special Case No.17 of 2008.

The brief facts of the case are that the complainant Moulvi Muhammad Saleh lodged F.I.R. as under;-

“Complaint is that I am Khateeb at Jamia Masjid Kunri. On 02.07.2008 at noon time, myself, Muhammad Asghar s/o Muhammad Rafique Rajput, resident of Kunri town, Muhammad Hassan s/o Muhammad Yousif Memon resident of Kunri Town and other Jamat persons were available for prayer at 1-0 clock, day time, I received one envelope through post which was opened there were two papers in it, out of them one contained sketch of Hazrat Mohammad Peace Be Upon Him, and on other paper sketch of Hazrat Data Ganj Bux and Hazrat Piran-e-Peer Dastagir Ghous Azam Abdul Qadir Jilani were drawn and for muslims abuses were written calling them Kafir and Yazeed highly derogatory and insulting words were written against the Holy Status of Hazrat Mohammad Peace Be Upon Him and words “Be curse on your religion, your Islam your Islamic parties and Kafir Yazeed Muslims”,. The letter was written from Qadiani Khaleel Ahmed which was read and over upon all the persons sitting. The sentiments of all us Muslims were injured. Thereafter I myself inquired about the letter, after some days Dr. Muhammad Ayoob s/o Khuda Bux Minhas informed on phone that today myself and Riaz Ahmed s/o Muhammad Ali Rain were going to Umerkot on motorcycle for some work, near Railway Phatak, Khaleel Ahmed s/o Hidayat Ali, Sultan s/o Hashim Chandio and Rashid s/o Ghafoor Qadiani were available on road. Rashid wrote some thing on road with chalk and on seeing us all three accused went away, we went to that place, where on passage of the road Rasool and Mohammad were written. Thereafter I consulted members of Ulema Committee and today Committee asked to get registered the complaint. I have come to report that aforesaid accused persons for the purpose of spreading religious hatred and disturbance words against religion Islam and Hazrat Mohammad Salallah-o-Aleh Walih-e-Waslam and on road on the passage of common persons words Rasool and Mohammad were written and injured the sentiments of Muslims. The letter received at Masjid is produced. Pray for investigation.

Counsel for the Petitioners says that perusal of the FIR reflects that case of such nature could not be tried by the Special Court/Anti-Terrorism Court, however, when confronted with section 6 (f) which speaks that “incites hatred and contempt on religious, sectarian or ethnic basis to stir up violence or cause internal disturbance” and the allegations in the FIR i.e. blasphemous material against Holy Prophet (PBUH), Hazrat Data Ganj Bux and Hazrat Piran-e-Pir Dastagir Ghous-e-Azam, he had no answer.

As to the plea of the Petitioners that before conducting prosecution in the case of such nature, permission under section 196 Cr.P.C. was necessary, perusal of the relevant section reflects that though the permission for prosecuting the offence under section 295-A PPC may be required but the statute does not speaks about the requirement of the permission for instituting a case which falls under section 295-C PPC. The petition being meritless is hereby dismissed.

JUDGE