Fayyaz Ahmad, petitioner, through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, seeks quashment of F.I.R. Bearing No.212 of 1995, registered at Police Station Khushab, under section 188, P.P.C. On a written complaint of Muhammad Jahangir son of Muhammad Shafi.
2. The complainant alleged that certain persons belonging to Usmani Group and Jewish lobby, who do not believe in "AHADIS" have been engaged in distributing literature among the public for the purpose of reading sectarianism and creating law and order situation by way of insulting the religious, feelings of majority of the people. According to the complainant, the said Group' is headed by Fayyaz Ahmad petitioner and two others. The complainant quoted certain portions of the said literature.
3. A bare reading of the F.I.R. Shows that the provisions under section 188, P.P.C. Are not attracted to the facts of the case and for this reason, the police considered it proper to add sections 295 and 295-A, P.P.C. Section 295, P.P.C. Is attracted, when a place of worship is damaged or defiled, whereas section 295-A deals with the acts, which are intended to outrage the feeling of any class by insulting its religion or religious beliefs. I am, therefore of the considered view that the contents of the F.I.R., prima facie disclose the commission of an offence under section 295-A, P.P.C.
4. Learned counsel for the petitioner has challenged the registration of the instant case on the sole ground that Mahmoon Ahmad (complainant) was not competent to lodge the F.I.R. He submitted that under section 196, Cr.P.C. a complaint for an offence under section 295-A, P.P.C. Can be made by order of or under the authority from the Central Government or the Provincial Government or some officer empowered in this behalf by either of the two Governments. Moreover, this offence is not cognizable by the police, although, it is non-bailable and entails punishment up to 10 years.
5. The learned Law Officer could not controvert the arguments advanced by the learned counsel for the petitioner. Therefore, the F.I.R. Having not been lodged by a competent person is of no consequence.
For the reasons given above, the registration of the impugned F.I.R. Is held to be illegal. Accordingly, it is quashed.