' M.A. SHAHID SIDDIQUI, J.- This matter pertains to F.I.R. No,37 of 2006 dated 3-2-2006 registered at Police Station City, Narowal under sections 10 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 on the report of Muhammad Khan, S.-I., who on the basis of a secret information had raided old Patwar Khana near National Bank, Narowal Branch situated in Mohallah Muhammad Pura and apprehended three male including Zeshan Ahmad, petitioner, committing zina with Mst. Sajida alias Gogi.
2. The case in hand is not first of its kind. During the last 27 years, since the enforcement of Zina (Enforcement of Hudood) Ordinance, 1979 several cases of similar nature have been registered and challaned but not a single case ended in conviction of the accused. In a number of cases this Court as well as Federal Shariat Court has disapproved and deprecated the manner in which the cases under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 . Had been registered and investigated, but the Punjab Police did not take any notice and mend its ways. This caused uproar not only in the public at large but also in the legal fraternity. The cause of uproar was the manner in which the police has been acting and applying the provisions of Hudood Law and in some cases it portrayed a very ugly picture of Islamic Laws in the comity of nations. In order to prevent the abuse of law by the police the Legislature added section 156-B, Cr.P.C., but certain police officers in flagrant violation of law continued their practice.
3. Admittedly Muhammad Khan, S.-I., has not obtained any search warrant before conducting the raid and entering into the premises without observing the formalities of law. Such raids have been treated by our Courts as invasions on privacy, which has been guaranteed under Article 14 of the Constitution of Islamic Republic of Pakistan, 1973. The entry was also against the prohibition contained in Surah An-Nur Verses 27 and 28. Translation of which is asunder:- "27. O ye who believe: Enter not houses other than your own, until ye have asked permission and saluted those in them: that is best for you, in order that ?e may heed (what is seemly).
28. If ye find none in the house enter not until permission is given to you; if ye are asked to go back, go back; That makes for greater purity."
' The manner in which the police officer conducted the raid has been disapproved by this Court in a number of cases, which may be listed hereunder:-
(1) Ghulam Sakina v. - State (1991. PCr.LJ 568)
(2) Abdul Qayyum v. State (1991 PSC 820)
(3) Riaz v. Station House Officer (PLD 1998 Lahore 35)
(4) Muhammad Bilal v. Superintendent of Police (PLD 1999 Lahore 297)
(5) Muhammad Naeem and another v. State (1999 PCr.LJ 463)
(6) Waheed Ullah Habib and two others v. . State (2005 PCr.LJ 899 Federal Shariat Court)
(7) Muhammad Abbas v. The State (2006 Crl. Law Judgments 521)
(8) Mst. Rabia Bibi v. The State (2004 PCr.LJ 1451)
(9) Fakhar ul Jalii v. Station House Officer, Sardar Pur, Sialkot and others (2005 YLR 602)
4. In view of the above, the arrest of the petitioner and subsequent investigation conducted by Muhammad Khan, S.-I., in violation of section 156-B, Cr.P.C. Is held to be illegal. There is absolutely no possibility of the accused being convicted of any offence. Therefore, further proceeding in the case would amount to abuse of process of law. I, therefore, in exercise of powers under section 561- A, Cr.P.C. Consider it just and proper to quash the F.I.R. No,37 of 2006 and acquit the petitioner. He was released on interim bail by this Court on .19-5-2006. His surety stands discharged.
F.I.R. Quashed.