LAHORE: The Lahore High Court (LHC) held that a case about religious hatred registered under Section 295A PPC can only be investigated for collection of material to facilitate the government to log complaint for prosecution before the court concerned and the police can arrest such accused through an arrest warrant only.
The court said that police cannot investigate a non-cognizable offence except by the order of a magistrate and the offences under Section 196 of CrPC can also be investigated only by the order of officer in charge of investigation in the district.
The court said if information about commission of non- cognizable offence is received in writing or reduced to writing on a plain paper by officer in charge of police station, substance of such information shall be entered in police station daily diary and informant shall be sent to magistrate for seeking permission to investigate the matter.
The court said if SP Investigation denies preliminary investigation then police can submit report before the magistrate concerned to take the cognizance, that can ask the accused to submit bail bond, or he be committed to custody under section 351 of CrPC.
The court further said if SP Investigation adds some cognizable offences with Section 295A PPC or swaps section 295A PPC with any other cognizable offence then police can investigate non-cognizable offence without the order of magistrate.
The court; however, observed that on receiving information, if commission of cognizable offence is suspected, it shall as soon as may be practicable be entered in the Register of FIR.
The court passed this order in a petition of Muhammad Ahsan praying to quash a case registered against him under Section 295A PPC at police station Aroop in Gujranwala.
The complainant Chaudhary Sagheer Abbas submitted an application to the concerned police station for registration of FIR with the allegation that petitioner issued “Fatwa” and declared followers of Shia sect as non-Muslim and wounded the religious feelings of the community.
The petitioner’s counsel contended that offence under Section 295A PPC is non-cognizable, and allegations cannot be used for prosecution until provincial government files a complaint.
The court while disposing of the petition observed that a contentious religious issue cannot be brushed aside at preliminary stage on the altar of technicalities, particularly when the petitioner has given a religious opinion (Fatwa) in black & white that could stir up sectarian hatred.
Thus, at this preliminary stage of the proceedings no case is made out to quash the FIR, the court concluded.
Copyright Business Recorder, 2025
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