MUHAMMAD RIAZ Versus State
This matter arises from petitions seeking pre-arrest and post-arrest bail in a case registered under section 295-B of the Pakistan Penal Code 1860, relating to the alleged recycling and reprocessing of old copies of the Holy Quran at a paper mill. The core legal question is whether recycling and reprocessing old, unrecitable copies of the Holy Quran constitutes desecration or profanation amounting to an offence under section 295-B. The Lahore High Court held that, in light of the opinion of the Council of Islamic Ideology stating that recycling and reprocessing old copies of the Holy Quran is the best option and does not constitute desecration, the petitioners did not prima facie intend to defile the Holy Book, making their case one of further inquiry. The court laid down the principle that recycling unrecitable copies of the Holy Quran pursuant to the guidelines of the Council of Islamic Ideology does not attract penal liability for desecration under section 295-B of the Pakistan Penal Code 1860.
- Does the recycling and reprocessing of old copies of the Holy Quran constitute desecration or profanation under Section 295-B of the Pakistan Penal Code 1860?
- Whether the recycling of unrecitable copies of the Holy Quran in accordance with the opinion of the Council of Islamic Ideology makes out a case of further inquiry for the grant of bail?
- Section 295-B, Pakistan Penal Code 1860
ORDER
Muhammad Riaz petitioner seeks pre-arrest bail in case F.I.R. No.709 of 2004, dated 19-10-2004, under section 295-B, P.P.C. registered at Police Station Phool Nagar, District Kasur, on the report of Muhammad Yasin, S.I. Police Station Phool Nagar, whereas, Ali and others petitioners in Crl. Misc. No.8756-B of 2004 seek bail after arrest in the same case which are both being disposed of by this single order.
2. According to the prosecution allegation set up in the F.I.R. on 19-7-2004 at about 5-00 p.m. Muhammad Yasin, S.-I. along with other police officials was on petrol duty when he received secret information that in the premises of Yarmook Papers Mills the old copies of Holy Qur an were being recycled and processed to be turned into paper and board and consequently the factory premises were raided wherefrom the petitioner and their other co-accused were found present busy in the said process and except Muhammad Riaz petitioner, who is a driver of a truck who made good his escape the other petitioners were apprehended.
3. It is pleaded on behalf of the petitioners that the allegations against the petitioners are that they were recycling and reprocessing the old copies of the Holy Qur an and that being Muslim they cannot even imagine desecration or profanation of the Holy Qur an and that when the copies of Holy Qur an become so old, that they cannot be recited then according to the opinion of the Council of Islamic Ideology conveyed to Government of Pakistan, Ministry of Religious Affairs Zakat and Ushr No.1(1)/ADQ/R&R/2003, dated Islamabad March 29, 2003. Copy of which is marked as Annexure D with this petition, recycling and reprocessing of the old copies is the best option and does not constitute any offence and also does not amount to desecration or profanation of the Holy Book.
4. Learned counsel appearing on behalf of the State has stated that the manner in which the large number of old copies of the Holy Qur an being recycled clearly amounts to their desecration and the petitioners have prima facie committed the offence which falls within the ambit of section 295-B, P.P.C.
5. It is an admitted fact that in the Yarmook Papers Mills the old copies of the Holy Qur an were being recycled and reprocessed. The question in this case would be as to whether this recycling and reprocessing of the old copies of the Holy Book will constitute its desecration or profanation. The answer to this question has been given by the Council of Islamic Ideology in its opinion to the Government of Pakistan, Ministry of Religious Affairs Zakat and Ushr, its relevant portion is re-produced as below:--
In view of the above opinion of the Council of Islamic Ideology regarding the subject-matter of this case, prima facie, it cannot be held that the petitioners by recycling and reprocessing the old copies of the Holy Book intended to defile or desecrate the copies of the Holy Book and as such their case is a matter of further inquiry. The interim bail already allowed to Muhammad Riaz petitioner is confirmed and the remaining petitioners are admitted to bail in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of the trial Court.
H.B.T./M-788/L Bail confirmed.
Cited by 1 case
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