Writ Petition No.67129/2020
(6)
text as well as the pics in the shape of caricature, etc.,
was more than enough to create wide scale public unrest
and outrage amongst absolute Muslim majority of our
Islamic Ideological State. Therefore, taking notice of
significance of the issue, the learned Deputy Attorney
General, official of FIA and representatives of PTA were
summoned.
There is no cavil to this proposition that when an
act is declared to be an offence, it is responsibility of the
state to adopt all legal measures firstly to prevent such
crimes and secondly if the said offence is committed
then bring the culprits to book and put them before the
court for ultimate decision. In the same context Article 5
of the Constitution of Islamic Republic of Pakistan,
1973 deals with loyalty to state and obedience to the
constitution and law, hence, it becomes constitutional
duty of the state functionaries to perform their duties to
curb the crimes as defined in different statutes of the
country. With reference to these petitions, the material
appended with it clearly disclosed commission of
offences as detailed in Chapter XV of the Pakistan Penal
Code. This Court cannot oversight that the legislator
had laid down specific provisions i.e. Section 295-A,
295-B and 295-C P.P.C, to cater similar situations where
any person uses derogatory remarks, etc., in respect of
the Holy Prophet
, by words, either spoken or
written, or by visible representation or by any
imputation, innuendo, or insinuation, directly or
indirectly, and thus defiles the sacred name of the Holy
Prophet
, the name of any Wife (Ummul
Mumineen), or members of the family (Ahlebait) of the
Holy Prophet
, or any of the righteous Caliphs
(Khulafae-Rashideen) or companions (Sahaaba) of the
Holy Prophet
.
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