| Case ID |
ec6cea3b-e834-4a23-b5cc-cafd9ddcfe9e |
| Body |
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| Case Number |
Criminal Miscellaneous No. 3742/B of 2020 |
| Decision Date |
Feb 12, 2021 |
| Hearing Date |
|
| Decision |
The court granted post-arrest bail to the petitioner, Muhammad Shakir, who had been incarcerated since October 24, 2019, for allegedly desecrating the Holy Quran. The court acknowledged that the petitioner’s continuous detention was akin to punishment before conviction and emphasized the importance of mens rea in the context of Section 295-B of the Penal Code. The court further noted that the trial was not likely to conclude in the foreseeable future, thus allowing bail under the conditions stipulated. |
| Summary |
This case revolves around the application for post-arrest bail filed by Muhammad Shakir, who was accused of desecrating the Holy Quran under Section 295-B of the Penal Code. The Lahore High Court, presided by Justice Tariq Saleem Sheikh, granted bail after considering the prolonged detention of the petitioner, which had lasted over 14 months without a conclusion to his trial. The court highlighted the necessity of establishing mens rea for the allegations against Shakir, suggesting that the case involved further inquiry regarding the nature of his actions. The court also recognized the fundamental rights outlined in Article 18 of the Universal Declaration of Human Rights, which emphasizes the need to respect religious beliefs. This case underscores the balance between protecting religious sentiments and ensuring the rights of the accused, particularly in a legal landscape where accusations can lead to severe repercussions. The decision reflects ongoing discussions about the treatment of religious texts and the legal implications of their desecration in Pakistan. Keywords include 'bail', 'desecration of the Quran', 'mens rea', 'Lahore High Court', 'religious rights', and 'legal proceedings'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
TARIQ SALEEM SHEIKH, JUSTICE
|
| Lawyers |
Ch. Umar Hayat,
Javed Abbas Sial,
Adnan Latif Sheikh,
Mehr Zamir Hussain Sandhal,
Muhammad Ayub Buzdar
|
| Petitioners |
MUHAMMAD SHAKIR
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2021 SLD 2547 = 2021 PCRLJ 1346
|
| Other Citations |
Industrial Development Bank of Pakistan and others v. Mian Asim Fareed and others 2006 SCMR 483,
Muhammad Nazir v. Fazal Karim and others PLD 2012 SC 892,
Ali Gohar and others v. Pervaiz Ahmed and others PLD 2020 SC 427,
Haq Nawaz v. The State and others 2000 SCMR 785,
Wazir v. The State PLD 1962 (W.P.) Lahore 405,
Alam Din v. The State PLD 1973 Lah. 304,
Muhammad Bashir alias Bakola and 8 others v. Superintendent of Police, City Division, Lahore, and 9 others 2007 PCr.LJ 864,
Syed Faraz Shah v. The State 2011 MLD 535,
Muhammad Siddique and another v. Province of Punjab and others 2020 PCr.LJ 197,
Rimsha Masih v. Station House Officer, Police Station Ramna, and others PLD 2013 Isl. 1,
Muhammad Sadiq v. Sadiq and others PLD 1985 SC 182,
Shahzaman and 2 others v. The State and another PLD 1994 SC 65,
Khalid Saigol v. The State PLD 1962 SC 495,
Ch. Abdul Malik v. The State PLD 1968 SC 349,
Tariq Bashir and 5 others v. The State PLD 1995 SC 34,
Maulana Abdul Aziz v. The State 2009 SCMR 1210,
Nasir Khan v. Waseel Gul and another 2011 SCMR 710,
Husnain Mustafa v. The State and another 2019 SCMR 1914,
Mumtaz Imtiaz v. The State and another 2012 YLR 1110,
Shabbiran Bibi v. The State and another 2018 PCr.LJ 788,
Imtiaz Ahmed and another v. The State PLD 1997 SC 545,
Khawaja Salman Rafique and another v. National Accountability Bureau through Chairman and others PLD 2020 SC 456,
Vaman Narain Ghiya v. State of Rajasthan AIR 2009 SC 1362 rel.
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
295-B
|