' The matter relates to F.I.R. No,249, dated 3-8;2000, registered at Police Station Mananwala, District Sheikhupura, under sections 295-A, 295-B, P.P.C. And under sections 8/9 of the A.T.A., 1997.
2. The allegation was originally made against two women co-accused Mst. Mukhtaran Bibi and Mst.
Samina Bibi, who were allowed bail by us on 6-11-2000. The present petitioner who was not nominated in the F.I.R., has now come for his bail as well.
3. The F.I.R. Was registered at the instance of Chowkidar of a graveyard. He reported that:- {{URDU TEXT}}
4. The bail application of the petitioner was previously rejected by the Anti-Terrorist Court-II, Lahore, on 24-11-2000. According to this order of the A.T.A. Court, some people have recorded statements under section 161 of the Cr.P.C. Against the petitioner but they have levelled allegation of a general nature and have not said anything specific. The main allegation against the petitioner was that he gave Taaviz to the women co-accused already on bail.
5. The offence under section 295-B, P.P.C. Reads as follows:-- "Defiling etc. Of copy of Holy Quran.-- Whoever wilfully defiles, damages or desecrates a copy of the Holy Qur'an or of an extract therefrom or uses it in any derogatory manner or for any unlawful purpose shall be punishable with imprisonment for life."
6. Whereas section 295-C reads as follows:-- "Use of derogatory remarks, etc., in respect of the Holy Prophet.---Whoever, by words, either spoken, or written, or by visible representation, or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, or imprisonment for life, and shall also be liable to fine."
7. Whereas, defiling means to corrupt purity or perfection of anything or make ceremonially unclean. In the case of State v. Kasnett, 30 Ohio App.2d 77, 283 N.E.2d 636, 638, the meaning. Of defiling was extended to debauching or corrupting the chastity of a woman. In the case of State v.
Schlueter, 127 NJL 496, 23 A.2d 249, 251, it was said that defiling means to make filthy or to make ceremonially unclean and refers to physical defilement. This phrase has been frequently used in the context of defiling of National Flags. When these flags are put to torch and thus dishonoured.
8. Superstition, belief in magic, and taking protection from evils by wearing amulet/charm is prevalent amongst our illiterate people rather even our educated people. It is because they do not take guidance from the Holy Qur'an imposing forbiddance in this connection while guiding the believers to refrain from such things. Surat Al-Falaq (CXIII) may be referred to in this respect which reads as follows:-- "1. Say: "I seek refuge with (Allah), the Lord of the day break,
2. "From the evil of what He has created,"
4. "And from the evil of those who practise witchcrafts when they blow in the knots,"
' In this connection, the words of Surat Baqarah in Ayat No,102 are as follows:-- ' "They followed what the Shayatin (devils) gave out (falsely of the magic) in the lifetime of Sulaiman (Solomon). Sulaimau did not disbelieve, but the Shayatin (devils) disbelieved, teaching men magic and such things that came down at Babylon to the two angels, Harut and Marut, but neither of these two (angels) taught anyone (such things) till they had said, 'We are only for trial, so disbelieve not (by learning this magic from us),' And from these (angels) people learn that by which they cause separation between man and his wife, but they could not thus, harm anyone except by Allah's Leave. And they learn that which harms them and profits them not. And indeed they knew that the buyers of it (magic) would have no share in the Hereafter. And how bad indeed was that for which they sold their ownselves, if they but knew."
' Ayat Nos.150 to 153 of Surat Al-A'raf are also relevant which read as follows:-- "150 And when Musa (Moses) returned to his people, angry and grieved, he said: "what an evil thing is that which you have done (i.e, worshipping the calf) during my absence. Did you hasten and go ahead as regards the matter of your Lord (you left His worship)?" And he threw down the Tablets and seized his brother by (the hair of) his head and dragged him towards him. Harun (Aaron) said: "0 son of my mother! Indeed the people judged me weak and were about to kill me, so make not the enemies rejoice over me, nor put me amongst the people who are Zalimun (wrong doers)."
"151 Musa (Moses) said: "0 my, Lord! Forgive me and my brother, and make us enter Your Mercy, for you are the Most Merciful of those who show mercy."
"152 Certainly, those who took the calf (for worship), wrath from their Lord and humiliation will come upon them in the life of this world. Thus, do We recompense those who invent lies."
"153 But those who committed evil deeds and then repented afterwards and believed, verily, your Lord after (all) that is indeed Oft-Forgiving, Most Merciful."
' Note. The aforementioned translation is taken from the Noble Qur'an complied by Dr. Muhammad Taqi-ud-Din Al Hilali, Islamic University, Al-Madinah Al-Munawwarah.
9. Spreading the message of God as reflected in the Holy Qur'an, is not only the duty of every educated person but also the duty of the State. This duty more specifically is now resting with the Ministry of Haj and Religious Affairs. Who should take notice of such practices in our society and should create awareness amongst the society in this respect. Otherwise, our people will continue to remain anchored in the darkness of Jahiliya {{URDU TEXT}} days, superstition and magic. The education will further remove the doubts of the people on the subject under reference. There is also a neeci to enlighten the public prosecution on this important subject which is the cause of anxiety in our society.
10. Keeping in view the provisions of sections 295-B and 295-C of the P.P.C. And the meaning of defilement and while also keeping in view the circumstances of our society and the fact that the petitioner was not nominated in the F.I.R. And the extreme carefulness that is required both on part of the Courts and on the part of the prosecution itself in such-like cases, and further the fact that there has been delay in the lodging of the F.I.R. Registered against persons other than the petitioner who was not seen doing anything at the alleged place of occurrence and the superstitious beliefs because of the influence of Hindu culture and invariably there being no intention of committing an offence as covered under sections 295-B and 295-C of the P.P.C. And also illiteracy of our people coupled with ignorance about their religion, we feel that the case of the petitioner called for further inquiry and we, therefore, allow him bail in the sum of Rs,1,00,000 with two respectable local sureties, belonging to the same police station, each, in the like amount to the satisfaction of the trial Court.
11. A copy of this order be sent by the Deputy Registrar (Judicial) of this Court to the Secretary, Ministry of Haj and Religious Affairs, Government of Pakistan, in a sealed cover, so that the matter comes to the notice of the Ministry of Haj and Religious Affairs.