| Citation(s) |
|---|
| 2016 SLG 1648 2016 SLD 1648 2016 PLJ 633 |
Islamabad High Court
Crl. A. No. 90 of 2011 and C.S.R. No. 01 of 2011, decided on9.3.2015. Dates of hearing: 3, 4, 6, 10, and 11.2.2015
SHAUKAT AZIZ SIDDIQUI AND NOOR-UL-HAQ N. QURESHI, JJ.
Mian Abdul Rauf, learned Advocate General and Mr. Jehangir Khan Jadoon, Standing Counsel for State.Nemo for Complainant.
Crl. A. No. 90 of 2011 and C.S.R. No. 01 of 2011, decided on9.3.2015. Dates of hearing: 3, 4, 6, 10, and 11.2.2015
SHAUKAT AZIZ SIDDIQUI AND NOOR-UL-HAQ N. QURESHI, JJ.
Mian Abdul Rauf, learned Advocate General and Mr. Jehangir Khan Jadoon, Standing Counsel for State.Nemo for Complainant.
Malik MUHAMMAD MUMTAZ QADRI--AppellantVSSTATE--Respondent
Law:
Section:
Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Anti-Terrorism Act, (XXV of 1997), Ss. 7 & 25--Criminal Procedure Code, (V of 1898), S. 410--Qanun-e-Shahadat Order, (10 of 1984), Art. 121--Murder ordeal of then Governor--Resorted to firing with his official weapon--Guilty of commission of offence of qatl-e-amd--Sentence--Failed to prove his plea--Recovery of crime weapon--Committed murder was pre-planned and brutal manner--Plea of declaringblasphemy law as black law--Contention--Validity--Plea of appellant deceased had committed offence u/S. 295-C of, PPC declaring blasphemy law as black law--Version of appellant as recorded through his statement u/S. 342, Cr.P.C. does not reflect that he had ever made any effort to report commission of attributed offence by deceased to any law enforcing agency--Accused did not file any petition u/S. 22-A of Cr.P.C. to obtain a direction for registration of criminal case against deceased for commission of offence u/S. 295-C of PPC--Failed to enforce hadd against deceased and he was dissatisfied from role of State and its law enforcing agencies--Accused was neither chief executive, nor head of state and not even a Judge, he was a soldier in uniformed force, under legal obligation to obey orders of his superiors and beside this there was no other duty of appellant--Act of murdering deceased can never be justified on touchstone of decisions of Holy Prophet Muhammad (P.B.U.H) and settled principle of Islamic law about subject of blasphemy--Criminal act of accused was not justified under principles of Islamic law governing subject of blasphemy--It is also well established law that prosecution is not bound to produce all witnesses, material and natural witnesses have been produced, which to our mind are sufficient--There is no cavil with proposition that supreme law of state is islamic law and all of our laws whether procedural, substantive or penal are to be interpreted in light of injunctions of Holy Quran and Sunnah of Holy Prophet Muhammad (P.B.U.H) but from whatever angles it is considered neither Islamic law nor law of land gives any justification to act of accused and searching for any justification for act of…