1. ' 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 and their appeals and revision applications were dismissed. In support of these petitions for leave to appeal from the common judgment of the High Court dismissing petitioners' revision applications, Mr. Fakhruddin G. Ebrahim, learned counsel for the petitioners raised the following points:
(1) Whether wearing a "Kalma Tayyabba" badge by an Ahamdiamounts to "posing" as a Muslim so as to come within the mischief of Section 298-C, Pakistan Penal Code;
(2) Whether the charge framed against the petitioners was in accordance with law, and if not what is its effect; and
(3) Whether Section 298-C, Pakistan Penal Code is violative of Fundamental Rights Nos. 19, 20 and 25.
2. ' Since the points raised are of substantial legal importance we grant leave to appeal and allow these petitions.
3. ' Appeals will be heard on the present record but it is open to the parties to file additional documents, if any.