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Search Results: Categories: 295 PPC (25 found)

Wajeeh-ul-Hassan v. The State

Citation: 2019 SCMR 1994, 2019 SCP 218

Case No: Crl.A.270-L/2012

Judgment Date: 25/09/2019

Jurisdiction: Supreme Court of Pakistan

Judge: JUSTICE QAZI MUHAMMAD AMIN AHMED

Summary: Acquittal granted--- blasphemy case.

MUHAMMAD WASEEM VS STATE ETC

Citation: 2019 LHC 2925, 2020 PCrLJ 497 Lahore ( Multan Bench)

Case No: Crl.Misc.No.7065-B of 2018

Judgment Date: 15/04/2019

Jurisdiction: Lahore High Court

Judge: Justice Anwaarul Haq Pannun

Summary: Bail allowed --- The petitioner, Muhammad Waseem, seeks post-arrest bail in a criminal case registered under FIR No.345, dated 09.10.2017, involving an offense under Sections 295-B PPC at the Police Station Sadar Jalalpur Pir Wala, District Multan.The petitioner alleges that, based on the crime report, he is unable to stand trial due to his physical and mental health, asserting that he is a lunatic. The petitioner's counsel cites legal precedents to support the argument that a lunatic should be released on bail if incapable of standing trial.The document delves into the legal provisions under sections 464 and 466 of the Criminal Procedure Code (Cr.P.C.) regarding the procedure in the case of an accused being a lunatic and the release of a lunatic pending investigation or trial. The court discusses the medical examination conducted by a board, which concludes that the petitioner is suffering from a mild to moderate learning disability and is not mentally sane at present.Considering the medical report, the court observes that the petitioner is not mentally fit and is of unsound mind, making it impossible for him to understand the trial proceedings. Therefore, the court allows the instant petition, granting the petitioner post-arrest bail. The petitioner is required to furnish two solvent sureties, each in the sum of Rs.1,00,000, subject to the satisfaction of the trial court. The sureties must undertake to keep the petitioner in safe custody, prevent harm to him or others, and ensure his appearance before the court as directed.

Muhammad Zafran v. The State

Citation: Pending

Case No: Crl.A.597/2018

Judgment Date: 03/04/2019

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Yahya Afridi

Summary: Acquittal ---- 295 PPC --- The judgment emphasized the importance of preserving evidence and ensuring transparency in the investigation. It cited precedents where evidence without an identifiable description in the recovery memo had been deemed inadmissible.Given the numerous irregularities and doubts surrounding the evidence, the Supreme Court allowed the appeal, acquitted Muhammad Zafran of the charges, and ordered his immediate release unless he was detained in connection with any other case.

Asia Bibi VS The State and others

Citation: PLD 2019 SC 64, PLD 2019 Supreme Court 64

Case No: Criminal Appeal No.39-L of 2015

Judgment Date: 08/10/2018

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Mian Saqib Nisar

Summary: Acquittal granted --- Blasphemy case.

Muhammad Mansha v. The State

Citation: 2019 SCMR 64, 2019 SCP 25

Case No: Crl.A.617/2017

Judgment Date: 15/01/2018

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Qazi Faez Isa

Summary: Acquittal granted--Pending --- blasphemy case.

Salman Shahid VS Federation through Ministry of Interior & others

Citation: PLD 2017 Islamabad 218, PLD 2017 ISB 218

Case No: Writ Petition-739-2017

Judgment Date: 31/03/2017

Jurisdiction: Islamabad High Court

Judge: Justice Shaukat Aziz Siddiqui

Summary: (a) Constitution of Pakistan—Art. 199—Writ jurisdiction—Enforcement of fundamental rights—Obligations of the State regarding Islamic injunctions and blasphemy laws—Scope and judicial review. The Islamabad High Court examined the alarming issue of blasphemous content disseminated through social media platforms, particularly Facebook, and its implications for Pakistan’s Islamic identity, constitutional obligations, and societal peace. The petitioner invoked constitutional jurisdiction seeking enforcement of State duties to safeguard Islamic tenets, prevent blasphemy, and regulate digital content in accordance with the law. The Court held that under Articles 2-A, 19, 31, and 227 of the Constitution of Pakistan, the State has an explicit obligation to protect the honor of Prophet Muhammad ﷺ, the sanctity of religion, and the moral values of Islamic society. The State’s failure to fulfill these obligations invites judicial scrutiny and appropriate directions to enforce constitutional and statutory mandates. (b) Penal Code (XLV of 1860)—Ss. 295, 295-A, 295-B, 295-C, 296, 298—Blasphemy and offenses against religion—Responsibility of State functionaries to prevent and prosecute such offenses—Directive to law enforcement agencies. The Court directed the Federation of Pakistan, Ministry of Interior, and Federal Investigation Agency (FIA) to take immediate, effective, and coordinated steps to identify and prosecute all individuals involved in the creation, promotion, or dissemination of blasphemous content. Emphasis was laid on the use of available legal instruments, including FIRs, prosecution under Sections 295 to 298 of the Pakistan Penal Code, and collaboration with international stakeholders for evidence and extradition, if necessary. The Court ordered strict enforcement of existing cybercrime and blasphemy laws to prevent exploitation of digital platforms for sacrilegious activities. (c) Prevention of Electronic Crimes Act, 2016—Ss. 20, 22, 37—Application to blasphemous content—Regulatory role of Pakistan Telecommunication Authority (PTA)—Judicial oversight and accountability. The Court observed that PTA, under Section 37 of PECA 2016, is empowered to remove or block online content deemed offensive to religious sentiments or repugnant to Islamic values. The authority’s failure to promptly and effectively discharge its statutory functions was taken seriously. The Court directed PTA to establish a special cell dedicated to monitoring and blocking blasphemous content in real time, with a mechanism for public complaints and swift remedial action. (d) International cooperation—Mutual Legal Assistance—Request to international organizations and states to assist Pakistan in curbing blasphemy on global platforms. Recognizing the transnational nature of digital blasphemy, the Court urged the Ministry of Foreign Affairs to engage with Facebook, other social media platforms, and international organizations to ensure that such content is restricted or removed in compliance with Pakistan’s legal framework. The Court suggested that failure to cooperate may warrant blocking of the entire platform in Pakistan, as the honor of Prophet Muhammad ﷺ takes precedence over all conveniences of modern communication. (e) Judicial sensitivity—Status of the Holy Prophet Muhammad ﷺ—Expression of reverence and solemnity in judicial reasoning. The Court devoted considerable space to expressing reverence for the finality and sanctity of Prophet Muhammad ﷺ, stating unequivocally that any attack on his honor is the gravest possible offense for Muslims. The judgment reflected a deeply held view that love for the Prophet ﷺ is intrinsic to Islamic faith and Pakistani identity. The Court called for unity among all sects and schools of thought to defend the honor of Prophet Muhammad ﷺ and condemned sectarianism, terrorism, and vigilantism under the guise of religion. (f) Public and institutional responsibilities—Role of citizens, civil society, and media—Call for awareness, unity, and proactive action. The Court invited religious scholars, intellectuals, journalists, and civil society to play their role in preserving religious harmony and countering blasphemous narratives. It emphasized that such an offense cannot be countered by individual action or vigilantism, but must be dealt with through lawful institutional mechanisms. Citizens were urged to lodge complaints with the authorities rather than taking law into their own hands. (g) Orders issued—Institutional coordination—Protective measures—Follow-up directives. FIA and PTA were directed to identify culprits and ensure their arrest, prosecution, and punishment under relevant provisions of law. A dedicated task force was ordered to be constituted for ongoing monitoring and enforcement. Ministry of Foreign Affairs was directed to take diplomatic steps with host countries of social media platforms. Secretary Ministry of Interior was directed to submit periodic compliance reports to the Court. A follow-up hearing was scheduled to assess the progress of implementation. Disposition: Petition allowed with specific and binding directions issued to the Federation, PTA, FIA, and Ministry of Foreign Affairs to ensure comprehensive implementation of the blasphemy laws and digital content regulations.

Adnan Prince v. The State thr. Prosecutor General, Punjab and another

Citation: PLD 2017 SC 147, 2017 SCP 50

Case No: Crl.P.L.A.1232/2016

Judgment Date: 01/02/2017

Jurisdiction: Supreme Court of Pakistan

Judge: JUSTICE DOST MUHAMMAD KHAN

Summary: Bail granted---The petitioner, appealed against the Lahore High Court's order dated October 27, 2016, dismissing his bail petition despite significant delays in concluding his trial. Adnan Prince faced charges under sections 295-A, B & C of the Pakistan Penal Code, registered at Township Police Station, District Lahore. The Supreme Court observed that the delay in the trial was primarily caused by the prosecution or the court itself, even after excluding adjournments sought by the petitioner's counsel. The Court noted that prolonged detention during trial, exceeding two years, warranted consideration for bail. The Court criticized the prosecution and investigative agencies for delays in criminal cases, emphasizing the right to a speedy trial guaranteed by the Constitution. It highlighted systemic failures contributing to backlog crises and urged authorities to address inefficiencies promptly. The judgment stressed the accountability of officers responsible for delays and directed officials at various levels to devise strategies for expediting trials and addressing delays effectively. Periodic reports on actions taken were mandated to ensure compliance with legal provisions and constitutional principles. Given the extended delay in Adnan Prince's trial, the Court granted him bail, converting the petition into an appeal. Adnan Prince was granted bail upon furnishing bail bonds of Rs. 300,000 with two reliable sureties to the satisfaction of the trial court.

Javed Iqbal & another v. The State

Citation: 2016 SCMR 787, 2016 SCP 43

Case No: Justice Anwar Zaheer Jamali, HCJ

Judgment Date: 22/02/2016

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Anwar Zaheer Jamali, HCJ

Summary: Pending --- blasphemy case.

Dr Muhammad Aslam Khaki, Advocate Office No 4, 1st Floor Pak Plaza, F-10 Markaz, Islamabad Petitioner Versus Federation of Pakistan through Ministry of Law Justice & Parliamentary Affairs, Islamabad Respondent

Citation: Pending

Case No: SHARIAT PETITION NQ07/I/2013

Judgment Date: 3/9/2015

Jurisdiction: Federal Shariat Court

Judge: Justice ALLAMA DR. FIDA MUHAMMAD KHAN

Summary: Pending --- blasphemy case.

Zafar Awan Advocate VS The State Through SHO PS Kohsar

Citation: 2011 YLR 717

Case No: Writ Petition-107-2011

Judgment Date: 20/01/2011

Jurisdiction: Islamabad High Court

Judge: Justice Muhammad Anwar Khan Kasi

Summary: Summary pending

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