M.M. K.A. ZAI vs DIRECTORGENERAL, F.IA. and others

1. ' SHAFIUR RAHMAN, J.--The petitioner twice invoked the Constitutional jurisdiction of the Sind High Court for getting a case registered under section 295-B of P.P.C. And being unsuccessful seeks leave to appeal against the judgment of the Sind High Court dated 29-10-1987.

2. ' The grievance of the petitioner was expressed in the following words in the complaint lodged by him with the Federal Investigating Agency:-- "Some of the powers and parties want to dislodge Pakistan and for this they are making schemes after schemes. There is Taj Company Ltd., SITE, Karachi which prints and publishes Holy Qur'an and is famous for it. It has published and sold to public about 10 lacs copies of a Print Reference No. 24/2, with foam Plastic cover binding, in Double Colour, White Willayati paper, size 11" x 7-1/2", in 560 pages nearly in red and blue colours cover, while its title has an inscription of {{ARABIC TEXT}}only.

3. It came to my knowledge that the inner lining of the Jild (Cover), front and back sides, contain some very objectionable pictures of men, women etc. Including NUDES. Few pictures are filed herewith for your perusal. It is haram to disrespect Holy Qur'an. It has been done mala fidcly. These pictures are obscene, damaging religious feelings of Muslims of Pakistan, these have defiled pious sanctity of Holy Qur'an. Billions and billions have kissed and bowed to these and similar pictures and will continue for the Last Day, whenever they have come or will hand this Print. The culprits have wilfully implanted these pictures with ulteriror motives."

4. ' At first the petitioner made an effort to get the case registered on these facts with the Local Police.

5. On his failure to get it registered, instituted a Constitutional Petition (No. 1385/1986) which was disposed of on the following statement of Advocate-General:-- "The learned Advocate-General states that he has inquired from the relevant S.H.Os. And they have stated that no one has approached thcm in respect of the matter stated in the petition. He further states that if any report is lodged the S.H.O. Will record it and investigate according to law. On this statement, the petition has become infructuous, and is dismissed as such."

6. ' Instead of appreaching the Local Police, the petitioner approached the Federal Investigating Agency with the complaint a portion of which has been reproduced above. The Federal Investigating Agency held a preliminary inquiry into the matter and submitted its report to the Ministry of Interior. The report submitted was to the following effect:-- "D.G. F.IA., examined enquiry report of M/s. Taj Company Limited and came to conclusion that stuffing of photographs into the binding of Holy Qur'an was not intentional of the management of M/s. Taj Company as Holy Qur'an No. 24/2 was printed and binded in Italy and it was rather accidental."

7. ' The Federal Government formed an opinion and reported to the High Court as hereunder:-- "On a complaint to the Minister for Interior by a delegation of Jamaatahl-Sunnat, Karachi, a preliminary probe made by F.IA. Has revealed that in 1980 Taj Company Ltd., Karachi placed an order for printing 12,500 copies of Holy Qur'an (Series No. 24/2) with the following Italian concern:-- ' M/s. Il-Grafo a.r.l., Arti Grafiche-stamp D' Arte UFFICI E LABORATOJA VIA ARCRIME DE 51 20129 Milano; Italy against Import Licence No. A-792791. The calligraphy was supplied to the printers and proof reading was also done by Taj Co. In Pakistan, but actual printing and binding was undertaken by the above Italian concern. The consignment was received in 1981, shipped vide Invoice No. 589 dated 18-5-1981.

8. ' In 1985, it came to the notice of Taj Co. That binding of this series of Holy Qur'an contained miscellaneous paper material consisting of discarded and old art magazines which was used in stuffing the bindings. This paper material to be exact was old and used "Art Papers", some of which carried copies of nude painting and other work of art. The Taj Company reprimanded the printers through a letter. In reply M/s. II Grifo regretted that stuffing was done without their knowledge and binding was undertaken by other subsidiary concern. They, however, tendered their apology. The Taj Co. From then onwards stopped placing new orders for printing of the Holy Qur'an abroad. Taj Company has confirmed that at present they do not have any stock of Holy Qur'an from the series 24/2. They have been asked to provide the list of all outlets to whom supply had been made by the Taj Co. For sale of copies of the Holy Qur'an under reference."

9. On these facts the learned Judges dismissed the Constitutional petition in limine observing as follows:-- "It appears from the report mentioned above that nobody in Pakistan can be blamed for this reprehensible act of stuffing of objectionable pictures in the binding of the Outer of Holy Qur'an which was indisputable done in Italy which is a foreign country. Prompt steps were taken to remedy the situation and Taj Company has been cleared by F.IA. From any possible blame."

10. ' The petitioner while arguing the petition himself took up the plea that once the facts disclosed by him showed ex facie the commission of a cognizable offence the Police Authorities including the Federal Investigating Agency had no alternative but to register a case if the fact showed commission of a cognizable offence. The holding of a preliminary inquiry, the submission of the Report to the Federal Government and the directions of the Federal Government have no statutory place or force to stall or hinder the registration of the case.

11. ' A reference to the Federal Investigating Agency Act, 1974 (Act No. 8 of 1975) shows, that the power of Federal Investigation Agency to hold an inquiry before the registration of the case is established by section 3(1) and section 5(1) of the Act. Similarly, the Federal Government has been authorised by section 5(1) to make orders for the carrying out of the functions by the Federal Investigation Agency and the powers of Federal Investigation Agency to carry on the inquiry and the investigations are controlled by such an order if passed by the Federal Government. The holding of the preliminary inquiry, the intervention of the Federal Government are all borne out by the Act under which the respondents are functioning and discharging their duties.

12. It cannot be contended with any success that where the facts on preliminary inquiry do not disclose prima facie the commission of the cognizable offence, as one of the necessary requirement of criminal intent was found absent, even then the Agency has a duty to register the case. Constitutional jurisdiction cannot be invoked for carrying on a futile exercise simply because the petitioner feels that there is a case made out against those whom he considers to be guilty.

13. There is an alternative remedy available all the same to the petitioner, that is, of filing a complaint, if he is so advised.

14. There is no merit and leave to appeal is, therefore, refused.