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Petitioner: MUHAMMAD ISMAIL VS Respondent: ABDUL QAYYUM, M.I.C., LAHORE
1994 P Cr
1994 P Cr. L J 469
[Lahore]
Before Raja Afrasiab Khan, J
MUHAMMAD ISMAIL ---Petitioner
Versus
Ch. ABDUL QAYYUM, M.I.C., LAHORE
and others---Respondents
Writ Petition No.5283 of 1993, decided on 8th December, 1993
Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)---
----S. 7---Constitution of Pakistan (1973), Art.199---Constitution petition---Complainant had not levelled the allegation of Zina against the accused in the F.I.R: =-Order of the Magistrate that the offence alleged to have been committed by the complainant did not fall under S.7 of the Qazf Ordinance was, therefore, in accordance with law, just and proper---Constitutional petition was dismissed in circumstances.
Syed Shahid Hussain Qadri for Petitioner.
Farooq Bedar, Addl. A: G. for Respondents.
ORDER
Muhammad Ismail, petitioner has moved this Constitutional petition for issuance of a direction to respondent No.l Trial Magistrate Cantt. Lahore to proceed with the case under section 7 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979. Learned Magistrate in his order, dated 18-5-1993 observed that the allegation of Zina was not levelled by the complainant in the F.I.R. On the contrary, the allegation was that of abduction, it was held by the learned Magistrate that the offence alleged to have been committed by the complainant falls under section 182, P.P.C. and not under section 7 of the aforesaid Ordinance.
2. 1 have heard the learned counsel for the petitioner and Mr. Farooq Bedar, learned Additional Advocate-General. The definition of Qazf as given under section 3 of the aforesaid Ordinance reads as follows:--
"Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes an imputation of Zina concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation, or hurt the feelings, of such person, is said, except in the cases hereinafter excepted, to commit Qazf."
The impugned order passed by the learned Magistrate is in accordance with law inasmuch as it is established that the allegation of Zina was not levelled by the complainant against the petitioner in the F.I.R. The impugned order appears to be just and proper. There is, thus, no substance in the petition, which is hereby dismissed. At the request of the learned counsel for the petitioner, a direction is issued to the learned Magistrate to conclude the trial within next three months without fail.
N.H.Q./M-1273/L Petition dismissed.