The judge held that the allegations against the singer did not merit registration of an FIR. The judge also pointed out that the petitioner was not appearing before the court and therefore the petition stood dismissed.
Makkah Colony resident Lailatul Kubra had filed an application against Khan. She said that the singer had recorded a song, Aj Din Charhia Teray Rang Warga, in an Indian film and had uttered improper words about God which hurt her religious sentiments as well as those of other Muslims. The petitioner said that by singing the song Khan had denied the power and oneness of God.
Kubra said she had approached the station house officer (SHO) of the Kahna police station but no FIR was registered nor was any action taken against Khan.
She requested the court to order the Capital City Police Officer and the SHO to register an FIR against Khan under Sections 295-A (deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 295-C (use of derogatory remarks in respect of the holy prophet) and 298 (uttering words to wound religious feelings) of the Pakistan Penal Code (PPC).
In its comments, the police told the court that the petitioner had never visited the police stations or submitted an application for action against the respondent. It said that in case Kubra files an application they would act on it according to the law.
Free Legal Aid, Assistance and Settlement Advocate Mian Bashir Saif said that considering his client, Khan, was alleged to have sung the ‘objectionable’ song in India, Kahna police lacked jurisdiction to take action against him. He said no case was made out against his client.
Published in The Express Tribune, November 24th, 2010.
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