PESHAWAR: High court seeks police record: Propagation of Ahmadiya faith
Bureau Report
PESHAWAR, Aug 16: The Peshawar High Court has sought police record in the bail petition of a teenager who has been accused of propagating the Ahmadiya faith by a leader of the Tehrik-i-Khatm-i-Nabuwat.
A single bench of the court comprising Justice Abdur Rauf Lughmani on Friday observed that unless the court examined the police record it could not grant bail to the accused applicant, Suleman Ahmad.
The petitioner’s counsel, Mian Hassamuddin, contended that being a juvenile offender the applicant was entitled to bail under the Juvenile Justice System Ordinance, 2000. He said there was no need of seeking the police record as relevant documents were already available with the court. Under the law, he said, every offender who had not attained 18 years of age should be considered a juvenile.
The applicant was arrested in D.I. Khan on June 26 after TKN leader Qari Mahmood lodged an FIR against him. Qari Mahmood claimed that Suleman was a follower of Ahmadiya faith and accused him of leading prayers in a local gymnasium while posing as a Muslim. He also accused Suleman of distributing pamphlets about the Ahmadiya faith.
Suleman has denied all these allegations, stating that he had never distributed any pamphlets.
He was charged under Section 298-C of Chapter XV of Pakistan Penal Code. Under the law, a follower of Ahmadiya faith posing as a Muslim or preaching his faith could be sentenced up to three years in prison.
Suleman’s bail applications were earlier dismissed by the D.I. Khan district and sessions judge and a judicial magistrate, who observed that bailing him out would create a law and order situation in the area.
More than a dozen activists and leaders of the TKN were present in the court room.
Mr Hassamuddin said the applicant was a student and his time was being wasted due to this complaint. He said the maximum sentence under Section 298-C of the PPC was three-year prison term which, he added, was bailable under the Criminal Procedure Code. He said the controversial pamphlets were not placed on record.
The boy, who is a college student in D.I. Khan, had appeared in two of his FSc papers before he was arrested.
