Judgment against qadianis in Pakistan
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This case involved two brothers from Mansehra who belonged to the Ahmadi (Qadiani) community and were charged under sections 298-B and 298-C of the Pakistan Penal Code, which make it a criminal offence for Ahmadis to "profess" Islam or use Islamic terms and practices reserved for Muslims. These sections were added through a 1984 ordinance dealing with anti-Islamic activities of Qadianis and Ahmadis.
The complaint against the two men was that, when filling out Form A to obtain their National Identity Cards, they had listed their religion as Islam. However, the court noted a crucial timing problem: the form had been filled out in August 1982, while the law criminalizing an Ahmadi professing Islam only came into force in April 1984. So at the time they filled the form, no such offence existed.
Moreover, evidence at trial showed the men had consistently identified as Ahmadi, including in later official documents registering their children, and never claimed to be Muslim after the law came into effect.
The Peshawar High Court ruled that prosecuting them was both legally baseless and a clear abuse of the court process, since the alleged act did not constitute a crime when it occurred, and violated their constitutional right to religious freedom. The court quashed the case entirely and acquitted both men, ordering their bail bonds discharged.
یہ مقدمہ مانسہرہ کے دو بھائیوں سے متعلق تھا جن کا تعلق احمدی (قادیانی) برادری سے تھا اور ان پر پاکستان پینل کوڈ کی دفعہ 298-بی اور 298-سی کے تحت الزامات عائد کیے گئے تھے۔ ان دفعات کے تحت احمدیوں کے لیے اسلام کا "اظہار" کرنا یا مسلمانوں کے لیے مخصوص اسلامی اصطلاحات اور رسومات استعمال کرنا جرم قرار دیا گیا ہے۔ یہ دفعات 1984 کے ایک آرڈیننس کے ذریعے شامل کی گئی تھیں جو قادیانیوں اور احمدیوں کی نام نہاد غیر اسلامی سرگرمیوں سے نمٹنے کے لیے بنایا گیا تھا۔
دونوں افراد کے خلاف شکایت یہ تھی کہ قومی شناختی کارڈ حاصل کرنے کے لیے فارم اے پُر کرتے وقت انہوں نے اپنا مذہب اسلام درج کیا تھا۔ تاہم عدالت نے ایک اہم تاریخی سقم کی نشاندہی کی: یہ فارم اگست 1982 میں پُر کیا گیا تھا، جبکہ کسی احمدی کے اسلام کا اظہار کرنے کو جرم قرار دینے والا قانون اپریل 1984 میں نافذ ہوا تھا۔
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PLJ 1996 Cr. C. (Peshawar) 2016 Present: sardar muhammad raza, J. Rana MUBASHAR AHMED and another-Petitioners versus STATE-Respondent Criminal Miscellaneous No. 10 of 1996, decided on 10th March, 1996. Pakistan Penal Code, 1860 (XLV of 1860)— —Ss. 298-B & 298-C--Constitution of Pakistan (1973), Art. 12(l)(a)- Criminal Procedure Code (V of 1898), S. 561-A-Anti-Islamic Activities of Qadiani Group, Lahori Group and Ahmadies (Prohibition and Punishment) Ordinance (XX of 1984), Preamble-Quashing of proceedings-Accused being known Qadianis while submitting Form "A" for obtaining National Identity Card had allegedly professed their religion in the relevant column to be Islam-Said Form "A" had been filled in and submitted by the accused in the Registration Office on 28-8-1982 where as professing Islam as a religion by an Ahmadi or Quadiani was made an offence through the promulgation of Ordinance XX of 1984 w.e.f. 26-4- 1984-Evidence recorded by Trial Court revealed that the accused (petitioners) openly claimed to be Ahmadis and never professed their religion as Islam particularly after the promulgation of Ordinance XX of 1984 and even in Form "B" concerning the registration of their children subsequent to the promulgation of the said Ordinance they had entered their religion in the relevant column as Ahmadi and never adopted duality-Involvement of accused in the case, thus, was in utter disregard of Art. 12(l)(a) of the Constitution and the proceedings against them in r Court being an absolute abuse of the process of law as well as of Court where quashed. [Pp. 2017 & 2018] A, B & C Mr. Ejaz Afzal Khan, Advocate for Petitioner. Miss Nighat Afsar, Advocate for the State. Date of hearing: 10th March, 1996. judgment Rana Mubashar Ahmad and Rana Munawar Ahmad sons of Karamatullah, residents of Mohallah Khan Bahadur Mansehra, through this petition under section 561-A, Cr. P.C. seek the quashment of proceedings taken against them under sections 298^B and 298-C, P.P.C. by City Police Mansehra vide F.I.R. No. 273/94, dated 9-5-1994, on the ground of being an abuse of process of law and abuse of the process of Court.
2. Brief background of the case is that one Abdur Rauf Roofi made a written complaint before the Sub-Divisional Magistrate, Mansehra that the petitioners being known "Quadianis" of Mansehra, while submitting Form "A" for the National Identity Card, had professed their religion in the relevant column to be Islam which offended the aforesaid sections of the Penal Law.
3. An inquiry was conducted in the Registration Office, the allegation was found true and a case was registered accordingly. The challan was put in Court and the trial by now has come to a stage where the evidence of prosecution is almost complete. The petitioners filed application before the trial Court for their acquittal under section 249-A, Cr. P.C. which was rejected. It met the same fate before the learned Sessions Judge in revision, who was of the view that as the evidence of prosecution was almost complete, it was not a proper stage for acquittal under section 249-A, Cr., P.C. The petitioners have moved this Court under section 561-A, Cr. P.C.
4. By words either spoken or written or though any other means of representation or communication, it has become illegal for an Ahmadi, either of Quadiani or of Ahmadi sect, to profess Islam as his religion. This has been made an offence under newly added sections 298-B and 298-C, P.P.C., through promulgation of Ordinance XX of 1984 that came into force on 24-4- 1984.
5. The Investigating Agency, the trial Court and the Court of Session unfortunately have failed to appreciate, rather avoided to appreciate the most unavoidable factual as well as legal aspect of the present case that professing Islam by an Ahmadi or Qadiani was made and offence through the promulgation of Ordinance XX of 1984 w.e.f. 26-4-1984 whereas Form A" in question was filled in and submitted by the petitioners on 28-8-1982. Both the Courts below have avoided to comprehend that the very allegation of the complainant did not constitute an offence at all and that the petitioners' involvement in the instant case was i« utter disregard of Article 12(1) of the Constitution of Pakistan.
6. So far is the legal aspect of the case which offended the veiy registration of F.I.R. It is clear from the veiy statement in Court of Abdur Rauf Roofi (P.W. 2), the complainant and Muhammad Akram, District Registration Officer (P.W. 1) that the petitioners openly claimed to be Ahmadis and never professed their religion as Islam particularly after the promulgation of Ordinance XX of 1984. It is apparent from Form "B" of egistration concerning the registration of children of the petitioners (Exh. P.W. 1/D1 and Exh. P.W. 1/D3) that subsequent to the promulgation of the aforesaid Ordinance the petitioners entered their religion in the relevant column as Ahmadi. They never adopted duality.
7. In the circumstances of the present case, the entries in Form "A" made by the petitioners on 28-8-1982 never constituted any offence and hence the very registration of case was an absolute abuse of the process of law, much less the trial thereof which has been an absolute abuse of the process of Court.
8. Miss Nighat Afzal learned counsel for the State relied upon 1994 PCr. LJ 1469 but it was a case where the provisions of section 561-A, Cr. P.C. were in fact not attracted. The complainant therein had brought a charge against the accused under section 409, P.P.C. where police case was dropped and hence the complainant brought a private complaint wherein material evidence had stood recorded when the accused suddenly came up with a plea for quashment under section 561-A, Cr. P.C. Miss Nighat Afzal further relied upon PLD 1994 Pesh. 141 which is a judgment written by myself and which goes against the stand taken by the learned counsel. It rather favours the petitioners.
9. The present proceedings against the accused petitioners vid F.I.R. No. 273, dated 9-5-1994 of Police Station Mansehra City, being an absolute abuse of the process of law as well as the process of Court, are hereby quashed under section 561-A, Cr. P.C. Both the accused are acquitted of the charge under sections 298-B and 298-C, P.P.C. They are on bail and their sureties are discharged of the liability under the bail bonds. (M.A.A.) Proceedings quashed.