Objection Case SHAHID HAMEED DAR, J.---The file has been put up by the office as an objection case.
' It has been objected to by the office that the petitioner has no locus standi to file the instant petition and secondly in view of the contentions of the petitioner as contained in the instant petition, it should be instituted at the principal seat.
' As it is a matter of public importance so the objections raised by the office are over-ruled and the matter is taken up for hearing.
Main Case ' Through this petition under Article 199 of the Islamic Republic of Pakistan, 1973, the petitioner seeks direction of.this court as under:- (a)The conviction/sentence of Mst. Aasia, respondent No,2 may not be remitted and that the respondent No,1 be barred from sending her to USA in supersession of the law and the Constitution.
(b)Mst. Aasia should avail the remedy of filing an appeal before the appropriate forum against her conviction/sentence.
(c)A criminal case may be registered against the Governor of Punjab, respondent No,3 for having allegedly committed an offence of blasphemy in respect of the Holy Prophet (peace be upon him).
2. The petitioner, in person, while relying upon a press-clipping of the Daily Nawa-i-Wayat dated 30-11-2010 submits that the Hon'ble Chief Justice, Lahore High Court Lahore has already taken cognizance of the matter and a restraining directory order has been passed by the Hon'ble Chief Justice in terms that Mst. Aasia be not released before her appeal is finally taken-up and decided by the appellate court; further submits that the Governor of Punjab, Lahore, respondent No,3 also stands restrained by the Hon'ble Chief Justice, Lahore High Court, Lahore to take any swa shbuckling step towards managing pardon for Mst. Aasia from the President of Pakistan without the decision of her appeal(s), if any; the petitioner being a Muslim and a citizen of Pakistan is competent to file the instant petition as the matter involved is a cause of concern and worry to every Muslim citizen of the country; the act of the Governor of Province Punjab, respondent No,3 fox having rushed to District Jail Sheikhupura to get some papers signed from the convict Mst. Aasia for dispatching her to USA with the blessings of respondent No,1 is highly offensive and disgusting which has injured the feelings and emotions of every Muslim; certain utterances made by the respondent No,3 amount to committing an offence of blasphemy so a criminal case may be registered against him; Mst. Aasia respondent No,2 had been found guilty for the charge of blasphemy by a competent court of jurisdiction and was convicted in accordance with the law of the land; the only punishment provided for the offence of blasphemy, in respect of the Holy Prophet Muhammad (peace be upon him) is the DEATH which may not be allowed to be eclipsed by any authority including respondent No, 1 and respondent No,3.
3. Mr. Muhammad Nazir Abbasi, learned Standing Counsel and Mr. Abdul Wahid Babar, learned Assistant Advocate-General, who have entered appearance on Court's call have vehemently opposed, in unison, the contentions of the petitioner with the submission that the Governor of Punjab, respondent No,3 has not committed at all any offence of blasphemy in respect of the Holy Prophet (peace be upon him) and the contentions of the petitioner are whimsical, presumptive and baseless; the Governor of a Province cannot be prosecuted for a criminal offence and a clear bar stands created by Article 248(2) of the Constitution of the Islamic Republic of Pakistan, 1973; Mst. Aasia, respondent No,2 has already filed an appeal against her conviction before the appropriate forum, whereby, she has challenged her conviction/sentence and that the matter in due course of time shall be finally resolved by a competent court of law; the relief claimed by the petitioner, other than seeking a direction for registration of a criminal case against respondent No,3, has already been provided to all the Muslim citizen of Pakistan, as the Hon'ble Chief Justice at the principal seat has passed an order in terms mentioned hereinbefore; the Hon'ble Chief Justice has already taken cognizance of the matter at the principal seat so the filing of the instant petition at Rawalpindi Registry many not be advisable as it may lead to divergent decisions/judgments.
4. I have heard the petitioner and the learned Law Officers at length and perused the available record.
5. The petitioner has been unable to hint at any statement or material pertaining to the Governor of Punjab, respondent No,3 to prove, though prima facie, that some blasphemous utterances had been made by the Governor. Infact reference has been made by the petitioner, to the speeches/statements made by certain social or religious figures criticizing the Governor of Punjab, to make it a point for lodging a request for registration of a criminal case under the blasphemy laws against the Governor of Punjab. I can easily find that the material produced by the petitioner before this court does not divulge the commission of an offence under the above said law by the Governor of Punjab, who is a Muslim by faith, so the question for making a direction for registration of a criminal case against him does not arise. Even otherwise, the Governor has been provided immunity qua criminal proceedings against him, while in office, under Article 248(2) of the Constitution of Islamic Republic of Pakistan, 1973 which reads as under:-- Article-248. Protection of President, Governor, Minister, etc. (1)............................
(2) No criminal proceedings whatsoever, shall be instituted or continued against the President or a.
Governor in any Court during term of office.
(3)...........................
(4).....................................
' So the request for registration of a criminal case against respondent No,3 being superfluous, is turned down.
6. In a Muslim Society every Muslim, being the follower of the Glorious and Glittering injunctions of Islam, honestly believes that Hazrat Muhammad (peace be upon him) is the Last Messenger of Allah Almighty and no one in the said category, shall follow him till the Day of the Judgment. It is equally important for every Muslim to show reverence, veneration and respect to the Holy Prophet (peace be upon him) enthusiastically and no Muslim, be Pakistani or a foreigner, can even imagine of tolerating a person committing the offence of blasphemy in respect of the Holy Prophet (peace be upon him). The Muslims faithfully and honestly believe, that Hazrat Muhammad (peace be upon him) is the greatest ever savour of the humanity who has been sent to the world by the Almighty not only for the betterment of the worldly affairs of the mankind but also for the life, hereinafter, of the Believers. Nothing is dearer to a Muslim than the love, and adoration of the Holy Prophet Muhammad {{ARABIC TEXT}} so it is literally impossible for a Muslim to tolerate a sacrilegious or profane talk about the Last Messenger (peace be upon him).
7. Most of the contentions raised at the bar by the petitioner are either based on hearsay evidence or the second hand knowledge got through the press publications, highlighting the critical remarks about the Governor of Punjab, respondent No,3, passed by some opinion makers. The petitioner appears to be short of tangible evidence /material in support of his plea as contained in the instant petition. He himself has admitted that the Hon'ble Chief Justice, Lahore High Court, Lahore has already taken cognizance of the matter and a direction has been passed in terms that Mst.
Aasia, respondent No,2 shall not be extradited from Pakistan to any other country till her matter was finally resolved and adjudicated upon by the appellate court, therefore, the feared dispatch of Mst. Aasia, respondent No,2 to USA without her appeals having been decided by the appellate court in the attending circumstances, is a farfetched cry.
8. The petitioner, being satisfied, does not press this petition further. Disposed of.