' The petitioner, Rana Rashid Ahmad Khan, has moved this Constitutional petition praying therein that the case F.I.R. 629 dated 27-11-1985 registered under section 13/14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Peoples Colony, Faisalabad, may be quashed by declaring the same without lawful authority and of no legal consequence.
2. The case in brief is that the petitioner is the Executive Editor of Daily `Commerce', Faisalabad and that his father-in-law Muhammad Javed Iqbal, is the Editor-in-Chief of the said Daily. A news item regarding the corruption of Syed Shabbir Abbas A.S.I., Faisalabad, was highlighted by the petitioner in his Daily. Corrupt activities of the other police officials were also published by him in his newspaper. It was mentioned that a real brother of the aforesaid A.S.I. Syed Shabbir Abbas had committed the murder of a person and he alongwith other police officials was illegally helping him. It is stated that the petitioner was summoned by the Superintendent of Police, Faisalabad and was subjected to serious threats that if he did not mend his ways towards the publication of the news regarding police, he will have to face dire consequences. The petitioner, however, did not care for the warning given to him by the Police Officer and declared that this was his lawful duty to publish the news in his newspaper and that by doing so, he is doing his duties as a citizen of the country. The petitioner has also placed on record the copies of his newspaper, Daily 'Commerce' dated 5-11-1985, 11-11-1985, 19-11-1985, 21-11-1985 and 1-12-1985 (Annexures 'A to E'). It may be noted that in all these copies of the Daily 'Commerce' news items regarding Syed Shabbir Abbas A.S.I. Were published disclosing that the said Police Official apprehends innocent people and involves them in false cases. Vide the news published in Daily Commerce, dated 5-11-1985, a specific reference was made about the registration of false cases Nos. 6, 7, 11, 33 and 34. As a result of the publication of the news against Syed Shabbir Abbas A.S.I., the case F.I.R. No, 629 dated 27-11- 1985 was registered against the petitioner and others on the statement of Syed Shabbir Abbas A.S.I.
With Police Station Peoples Colony, Faisalabad. It is disclosed in the F.I.R. (Annexure 'F') at page 15 of the petition that aninformation was received at Police Station Peoples Colony, Faisalabad that one Mst. Sughra Bibi wife of Ghulam Sarwar was running a brothel house and that she engages women of ill-repute and supplies them to the people for the purpose of Zina against monetary consideration. A raiding party consisting of Muhammad Ali son of Lal Din, and Anwar All son of Jamal Din was constituted and the house of said Mst. Sughra Bibi and Mst. Naseeb Akhtar alias Naseem Akhtar was raided. The raiding party found that Mst. Sughra Bibi was present outside her house and she was busy in conversation with Bashir Ahmad son of Sardar Khan resident of Chak No, 87/J.B. About the engagement of a woman for committing Zina and that bargain was being struck in that behalf by them. The allegations further go to show that in the Drawing Room of the accused, other people were sitting and that Mst. Naseeb Akhtar alias Nasim Akhtar had allegedly gone with the petitioner for the purpose of committing Zina with her. The petitioner's person was searched and consequently a sum of Rs,2,130 and a wrist watch were recovered from him. Similarly, a sum of Rs,115 and a wrist watch were recovered from one Shahzad.
3. Learned counsel for the petitioner forcefully submitted that the registration of the F.I.R. Referred to above is based on mala fide and enmity on the part of Syed Shabbir Abbas, A.S.I. Learned counsel argued that there is not an iota of evidence to connect the petitioner with the commission of the crime and in that behalf the learned counsel has placed on record affidavits of Mst. Naseeb Akhtar alias Nasim Akhtar, Mst. Sughra Bibi wife of Ghulam Sarwar, Abid Hussain son of Ghulam Sarwar, Muhammad Anwar son of Kamal Din and Anwar Ali son of Lal Din as Annexures 'H' to `L' respectively.
Learned counsel stated that Anwar Ali, Muhammad Anwar and Abid Hussain are the eyewitnesses in the case. According to the affidavits of Abid Hussain, Muhammad Anwar and Anwar Ali, they have not supported the case of the prosecution at all. They have disclosed in their affidavits that they were summoned at the C.IA. Staff Muhammadabad by Syed Shabbir Abbas A.S.I. And were directed to depose evidence against the petitioner. On the basis of these affidavits, the learned counsel urged that no case is made out and that the proceedings initiated by the prosecution before the learned trial Court are a clear case of abuse of process of law. The learned Additional Advocate-General has frankly conceded that there is no reliable and trustworthy evidence to connect the petitioner with the commission of the crime. He states that prima facie it appears that the petitioner has been involved with mala fides. Muhammad Salcem S.I. Police Station Peoples Colony, Faisalabad also endorsed the view expressed by the learned Law Officer.
4. I have heard the learned counsel for the parties and have perused the record. It is clear from the perusal of the record that alarming news about the corruption of the Police Official, Syed Shabbir Abbas A.S.I. Were published in Daily Commerce dated 5-11-1985 and 11-11-1985. In the news item published on 11-11-1985 in the Daily 'Commerce', it was stated that Syed Shabbir Abbas A.S.I. Is alleged to have forcibly entered into the house of a respectable citizen. It was stated that he has fabricated false cases against 'him. On 19-11-1985, a news was published in the headlines that a dangerous dacoit and murderer, Basharat Shah, is the brother of Syed Shabbir Abbas A.S.I. And that the said police official is) rendering help to his brother who is a proclaimed offender. In this background of! Enmity and malice, the petitioner was involved in the case on the statement of Syed Shabbir Abbas A.S.I. On 27-11-1985 after the publication of the news against him in the Daily Commerce of the petitioner. Learned counsel forcefully urges that in view of the documentary evidence regarding the malice and mala fide of Syed Shabbir Abbas A.S.I., it is clear that the petitioner was involved in the case, falsely. It is also submitted that affidavits of the eye-witnesses have been placed on record to show that they were forcibly made the eye-witnesses in the case and that in fact they did not see the occurrence. The respondents did not contest the proceedings by filing written statement in the case. The mere fact that respondents Nos. 1 and 2 did not file a written statement will show that they have nothing to say against the allegations leveled by the petitioner against the concerned Police Officer. The statement of the learned Law Officer is that he is unable to support the case F.I.R. 629 dated 27-11-1985. I am convinced that the petitioner has been falsely involved in the case on account of mala fides on the part of the police official, Syed Shabbir Abbas A.S.I., Police Station Peoples Colony, Faisalabad.
5. The upshot of the above discussion is that there is no legal basis whatsoever for the registration of case F.I.R. No, 629, dated 27-11-1985 (Annexure 'F') and as such, the same is quashed.
Consequently, the petition succeeds and is allowed leaving the parties to bear their own costs.