' Sardar Mastan Singh Arora, the petitioner was apprehended to prison, Sheikhupura in a case registered vide FIR No, 400/15 dated 18.12.2015 at P.S. City Nankana Sahib under Sections 147/149/186/ 295/440/506 and 123-A, PPC on the complaint of Respondent No, 7 Sardar Sham Singh and now by instant petition instituted under Art. 199 of the Constitution of Islamic Republic of Pakistan has impetrated his letting out of jail.
2. Tersely the prosecution case is that on 25.11.2015 at about 10.30 a.m., on the 457th "birth anniversary" of "Guru Nanak Dev Ji Maharaj" being celebrated, the complainant has invited Peer Hasnaat Shah, worthy State Minister for Religious Affairs and Interfaith Harmony, Muhammad Siddique-ul-Farooq, worthy Chairman Evacuee Trust Property Board were there to welcome them alongwith members of Sikh, Gurdwara Parbandhak Committee, Nankana Sahib were present in the office, there unheraldedly 20/25 Yatris led by petitioner (Ex-Pardhan Pakistan Sikh Gurdwara Parbandhak Committee) assembled in front of portal of the Gurdwara Sahib chanted inciting slogans by displaying Karpans and by gate-crashing besought upon security officials trounced them with Dandas, by brandishing Karpans also intimidated them, caused damage to the doors, windowpanes and allegedly reviled Yatris over there. It has further been alleged that petitioner and his accomplices intentionally and dishonestly desecrated the sanctity of the Gurdwara Sahib, injured religious feelings/ sentiments of Sikh's Religion and the respectable members of the welcoming committee succeeded in coming out of the office, thereafter, the petitioner and his particeps-criminis took over stage to proceed with the religious congregation by replacing worthy Gopal Singh Chawala alias Gopi, (stage Secretary) then also raised promotional slogans addressing the Yatris present there. It has further been alleged that Govt. Intended to restrict the procession (Nagar Kirtan Palki Sahib) upto Gurdwara Tanbu Sahib but the procession would be led upto the said Gurdwara at any cost and also criticized security measures of the Government. It has also been alleged that, if any, untoward incident takes place, the members of Gurdwara Parbandhak Committee and the Govt. Would be responsible also convulsively chanted while leading the Palki Sahib procession to Gurdwara Kivara Sahib. The petitioner and his co-accused allegedly put the lives of thousands Yatrees (visitants) in danger.
3. Learned counsel for the petitioner has exquisitely submitted that the alleged incident took place on 25.11.2015 at about 10.30 a.m. Whereas the matter was reported to the police on 18.12.2015 by a delay of 23 days without any reasonable perspicuity. Learned counsel has also attempted to establish prima facie the ulterior motive of the complainant for the registration of a false case, submits that earlierly the petitioner was Pardhan Pakistan Sikh Gurdwara Parbandhak Committee, tried to bring to justice certain persons who had allegedly caused colossal loss to the Sikhs Evacuee Trust Properties by getting a case registered vide FIR No, 116 dated 25.10.2013 under Sections 420/468/471/109, PPC read with Section 5(ii) of the Prevention of Corruption Act, 1947 at P.S. FIA/ACC circle/sub-circle Lahore as being one of the complainants, the said case is yet to be decided by the Court of law; fostering to this fact learned counsel has also referred to Suo Moto Case No, 9 of 2011, Constitution Petition No, 93 of 2012 and Crl. Original Petition No, 71 of 2013 all decided by the Hon'ble Supreme Court of Pakistan vide a composite order dated 25.7.2013 in its chronological Paragraph No, 19 at Sr. No, 12 Sardar Sham Singh, the complainant has been found one of the delinquents while the petitioner alongwith others were the initiators. Learned counsel has maintained that no specific role has been attributed to the petitioner; no medical evidence exists to prima facie prove trouncing but Karpans remain religiously sacred instruments cannot be treated and used weapons of offence by any stretch of imagination and the record shows reticence as to possessing of any broken windowpanes or the doors etc. Further submitted that offence u/S. 440, PPC is not made out whereas at the maximum Part-I of Section 506, PPC is allegedly made out, the same is bailable whereas offences under Sections 295/186/147, PPC are also bailable while offence u/S. 149, PPC has to be interpreted with the principal offence whereas Section 123-A, PPC has been levelled maliciously by epicaricacy to enhance the gravity of occurrence and to turn to The Pakistan Protection Act. 2014 implying to the Special Courts' jurisdiction established under the Anti-Terrorism Act, 1997 while the same too is not constituted' owing to absence of any evidence prejudicial to the safety or ideology of Pakistan and endangering the sovereignty of adoring homeland. At the last but not the least, it has been submitted that the petitioner was apprehended on 19.12.2015, since then he is in jail and is no more required for further investigation whereas he is octogenarian, therefore, all facts and circumstances of the case, prima face constitute a case for the grant of bail in favour of the petitioner, thus, instant petition may be allowed.
4. Learned Addl. P.G. Assisted by learned counsel for the complainant has pedagogically opposed the submissions and submitted that the petitioner and his co-accused has expressed/uttered disrespect to the religious congregation notwithstanding knowing all, he himself remained Ex- Pardhan Pakistan Sikh Gurdwara Parbandhak Committee whereas the premises of incident being highly sacred have been disregarded/desecrated whereas the accused-cum-sloganors took the law in their hands created law and order situation over annual rituals being participated by the Vatrees of Pakistan and other worldwide and the actions displaced by petitioner and co-accused have born bad image and now the investigation has been taken up by the Joint Investigation Team (J.I.T) is yet to be completed it, therefore, at this early stage, petitioner does not deserve to be let out of jail, again would create law & order situation there while the homeland is facing critical situation (circumstances) because of terrorism in country, all law enforcing agencies inclusive of the Army have indulged in controlling and eradicating the same. Concluding arguments, it has been pointed out that a compact disk prepared in incident by automation establishes prima facie convulsion undertaken the petitioner being miscreant and turbulent deserves no relief.
' Learned counsel for the complainant supplementing to arguments of learned Law officer has submitted that PWs have supported the FIR's version in their statements recorded u/S. 161, Cr.P.C.; partway investigation, the petitioner has been found guilty; the offence u/S. 123-A, PPC does not only fall within the prohibitory clause of Section 497, Cr.P.C. But also implicates the applicability of Protection of Pakistan Act, 2014 being a Scheduled one, therefore, the instant petition may be dismissed.
5. Busily tripartite arguments heard. Record perused intently.
6. Incident allegedly befell on 25.11.2015 at 10.30 a.m. Whereas was reported to the police on 18.12.2015 with the delay of 23 days, has not been explained by the prosecution whereas prior to the alleged incident, the petitioner had initiated legal proceedings being one of the 'complainants against certain persons who had caused colossal loss to the Sikh's Evacuee Trust Properties vide FIR No, 116 dated 25.10.2013 under Sections 420/468/471/109, PPC read with Section 5 (ii) of the Prevention of Corruption Act, 1947 at P.S. FIAJACC, circle/sub-circle, Lahore. The order of the Hon'ble Supreme Court of Pakistan delivered on 25.7.2013 in Suo Moto Case No 9 of 2011, Constitution Petition No, 93 of 2012 and Crl. Original. Petition No 71 of 2013 is also considered as primal to the FIR.
These facts and circumstances prima facie are impressive for malicious involvement of the petitioner and have also been noticed concatenated with the arguments of learned - counsel for the petitioner. Statements of the PWs are supporting to FIR. The Court has failed to explore medical evidence in this case of any of the alleged injured persons and no memo. Of recovery of the broken items such as doors windowpanes etc. Contextually, prima facie the narrative of the accusal does not constitute offence u/S. 123-A, PPC because of absence of any specific evidence prejudicial to the safety and ideology of Pakistan and endangering its sovereignty, in this backdrop, levelling of the same somewhat expressive malicious intent of the prosecution to enhance the gravity of occurrence to bring the case in the Schedule of Protection of Pakistan Act, 2014. Rationally and noetically to all facts {{BLURR}} A fa en ed blislir.cRunielise apunish him in advance. We are proud to be democratic country tilocfebsailviceanwinnogt ;got bebane wnialtherldituabal pudialyishanmednt lan'elidgiloauws congregation, it may not be expected from such persons (like petitioner) being unhollowed/impertinent who himself remained ExPardhan Pakistan Sikh Gurdwara Parbandhak committee of Sikhs community as it is expected and desired to keep and continue utmost respect, affection, loyalty to the sacreds of his (sic) jail since 19.12.2015. It may be apt to mention that petitioner was not apprehended at the spot. Old age itself innervated infirmity and makes ' ' discountenances keeping a person behind the bars unendingly to governed by supremacy of Constitution as well as rules of law. Homeland's Constitution enviably secures fundamental 'rights of the subjects enshrined therein vide Chapter-I which consisting 28 Articles commencing Articles from 08 to 28 and it is worth mentioning to refer Art.9 of the Constitution infra:--{{BLURR}}
9. Security of person.--No person shall be deprived of life or liberty save in accordance with law.
' Again Art. 14 of the same described as follows:-
14. Inviolability of dignity of man, etc.--
(1) The dignity of man and, subject to law, the privacy or home, shall be inviolable.
(2) ..
' It would be lucrative to pen down Art.20 of the Constitution as under:--
20. Freedom to profess religion and to manage religious institutions.--Subject to law, public order and morality.
(a) Every citizen shall have the right to profess, practise and propagate his religions; and
(b) Every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.
' Article 25 speaks as follows:--
25. Equality of citizens.--
(1) All citizens are equal before law and are entitled to equal protection of law.
(2) There shall be no discrimination on the basis of sex.
(3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.
' Withal Art.27 explains as under:-
27. Safeguard against discrimination in services.-- (1.) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religions, caste, sex, residence or place of birth: Provided............................
Provided............................
Provided............................
(2) Nothing---------------------------
7. It is an adage of law since yore that an accused is presumed to be innocent unless is proved otherwise. Deliberating to the facts and circumstances fastidiously the Court is of the humble view that a case of further inquiry as to guilt of the petitioner is made out in his favour. The Court has also been guided by the case of Kishore Kumar v. The State (1999 P.Cr.L.J 1736), therefore, sequent, instant petition is yielded in acceptance and petitioner is granted bail provided his submission of bail bonds in the sum of Rs, 10,00,000/- (ten lace) with one surety in the like amount to the satisfaction of DR (J) of this Court who shall transmit the said bail bonds to the learned trial Court.