The Division Bench comprised on Mr.Justice Sadaqat Ali Khan and Mr. Justice Shehram Sarwar Chaudhry. The petitioner's lawyer Syed Athar Hussain Shah Bukhari contended that this case was registered based on enmity and business rivalry on April 8,2010 in Layyah city of South Punjab.He stated that it was a concocted story narrated by the prosecution. The case was registered on the order of Superintendent of Police Layyah Sardar Alam Khan Tareen. He further submitted that Anti Terrorism Court was not empowered to try this case and Section 7 of Anti Terrorism Act (ATA) was mentioned in FIR without any justification while section 196 of Cr.PC was violated.
Anti Terrorism Court Dera Ghazi Khan had awarded them life term imprisonment under section 295-C (Blasphemy), Ten year Rigorous imprisonment under Section 7 -ATA and another Ten year R.I and fined Rs.2,00,000 each under Section 295-A on the charge of tearing a poster of Milad-e-Mustafa (PBUH) conference which was pasted by anyone on the shop owned by Muhammad Shafi. According to the prosecution As soon as Muhammad Shafi saw a poster of Milad pasted on his shop.He ordered his son Muhammad Aslam to remove it tear it.He allegedly torn the poster containing the Quranic verse and name of Prophet Muhammad (SAW)and crushed it under his feet openly and fearlessly. Then neighbouring shopkeepers made noise .Upon their call, hundreds of people gathered there and they overpowered both father and son. Later Police controlled the situation and took them into custody.After an inquiry,a blasphemy case was registered against them.
According to the lawyer Syed Athar Shah Bukhari, the case was being adjourned for the last seven years and no division bench was ready to hear this appeal and his clients were languishing in prison for the last nine years.
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