Law: Constitution of Pakistan, 1973

Section: 185(3),19,20,25

Penal Code (XLV of 1860)--S. 298-C-- Constitution of Pakistan (1973), Arts. 185(3), 19, 20 & 25--Leave to appeal granted to consider: (1) whether wearing a `Kalma Tayyablea' badges by an Ahmadi amounts to "posing" as a Muslim so as to come within the mischief of S. 298-C, P.P.C., (ii) whether charge framed against accused was in accordance with law and if not what was its effect; and (iii) whether S. 298-C, P.P.C was violative of Fundamental Rights contained in Arts. 19, 20 & 25 of Constitution of Pakistan (1973). Fakhruddin G. Ebrahim, Sr. Advocate Supreme Court, Syed Ali Ahmad Tariq, Advocate Supreme Court and Muzaffar Hassan, Advocate-on-Record for Petitioners. Nemo for the State. Date of hearing: 12th September, 1988. ORDER 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…

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