توہین رسالت کے مقدمات سے متعلق چیف جسٹس سپریم کورٹ آف پاکستان کا تازہ ترین فیصلہ

 Section 295-C of the PPC, for which the petitioner was initially charged, is a capital offence. If the complainant’s allegations were accepted in their entirety, even then this offence was not made out. It is, therefore, surprising that the police mentioned this offence in the FIR, which can only mean that they did so under pressure of the complainant or for ulterior purposes. The only other explanation could be their gross incompetence. In all offences against religion the particulars of the offence must be clearly stated. Merely levelling such a charge attracts great odium because even if the accused is subsequently found to be not guilty, becomes inconsequential as his life has already been destroyed.

The offences levelled against the petitioner are those relating to the religion of Islam, therefore, it was necessary to consider some relevant Islamic injunctions. We now proceed to determine whether the petitioner should be given bail. The police entered the petitioner’s house but did so without first obtaining a warrant; which is all the more surprising as the police was not rushing to prevent a murder or apprehend a suspect from fleeing. The illegal entry of the police into the petitioner’s house also brings into question anything recovered by the police from his house, which is another legal transgression.

Criminal Petition for Leave to Appeal No.1359 of 2023
Zubair Saeed Sabri/Sain Zubair Shah Versus The State thr. A.G. Islamabad and another
Date of Hearing : 14 February 2024