ZAHEERUDDIN and 4 others vs THE STATE
Petitioners, belonging to the Ahmadi community, were convicted under Section 298-C of the Pakistan Penal Code 1860 for wearing badges of 'Kalma Tayyabba', which was considered as 'posing' as Muslims. Their convictions and sentences of one year rigorous imprisonment and a fine were upheld through the hierarchy of courts up to the High Court. Upon petitions for leave to appeal, the core legal questions involved whether wearing such a badge amounts to 'posing' as a Muslim under Section 298-C, whether the charge was framed in accordance with law, and whether Section 298-C violates Fundamental Rights Nos. 19, 20, and 25 of the Constitution of Pakistan 1973. The Supreme Court of Pakistan held that the points raised were of substantial legal importance, consequently granting leave to appeal and allowing the petitions for a full hearing.
- Whether wearing a Kalma Tayyabba badge by an Ahmadi amounts to posing as a Muslim under Section 298-C of the Pakistan Penal Code 1860?
- Whether the charge framed against the petitioners was in accordance with law?
- Whether Section 298-C of the Pakistan Penal Code 1860 violates Fundamental Rights Nos. 19, 20, and 25 of the Constitution of Pakistan 1973?
- Section 298-C, Pakistan Penal Code 1860
ORDER
1. ' ABDUL KADIR SHAIKH, J.--Petitioners in all these petitions were convicted under Section 298-C, Pakistan Penal Code and sentenced to one year R.I. And fine of Rs,1,000 for the sole reason that being Ahmadis each was wearing badges of "Kalma Tayyabba', and were thus "posing" themselves as Muslims. Their convictions were upheld by the Additional Sessions Judge, Quetta and the High Court and their appeals and revision applications were dismissed. In support of these petitions for leave to appeal from the common judgment of the High Court dismissing petitioners' revision applications, Mr. Fakhruddin G. Ebrahim, learned counsel for the petitioners raised the following points:
(1) Whether wearing a "Kalma Tayyabba" badge by an Ahamdiamounts to "posing" as a Muslim so as to come within the mischief of Section 298-C, Pakistan Penal Code;
(2) Whether the charge framed against the petitioners was in accordance with law, and if not what is its effect; and
(3) Whether Section 298-C, Pakistan Penal Code is violative of Fundamental Rights Nos. 19, 20 and 25.
2. ' Since the points raised are of substantial legal importance we grant leave to appeal and allow these petitions.
3. ' Appeals will be heard on the present record but it is open to the parties to file additional documents, if any.