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Arshad alias Billu v The State: No Discrimination on the Bais of Muslim and New Muslim SC Judgment

Arshad alias Billu v The State: No Discrimination on the Bais of Muslim and New Muslim SC Judgment

In Arshad alias Billu v. State, the Supreme Court of Pakistan directed all Inspectors General of Police to ensure that no derogatory or discriminatory terms are recorded in FIRs, emphasizing that such language violates fundamental rights and the principles enshrined in the Constitution of Pakistan, 1973. The Full Bench of the Supreme Court, headed by Justice Muhammad Hashim Khan Kakar, held that designations such as “New Muslim” carry no legal or religious validity, affirming that every person who embraces Islam is entitled to equal respect and status as any other Muslim.

The instant jail petition has been instituted by the petitioner-convict, Arshad alias Billu, assailing the judgment dated 29.01.2019 rendered by the Lahore High Court, Lahore, whereby his appeal was dismissed. The High Court maintained his conviction under Section 302(b) of the Pakistan Penal Code; however, the sentence of death awarded by the learned Trial Court was commuted to imprisonment for life. The prosecution case originates from an FIR lodged on the statement of Jahangir, the Prosecution Witness (PW-5), a cultivator and resident of Thathi Hinduan.

The complainant had leased land measuring approximately 2½ acres from Muhammad Akram for Rs. 40,000/- and cultivated a chari crop thereon. After harvest, the land remained vacant. On 23.10.2004 at about 11:30 a.m., the complainant proceeded to his agricultural land and observed that the petitioner, along with co-accused persons armed with 12-bore guns, had irrigated the land using tube-well water. Upon questioning, the accused allegedly grappled with him. Muhammad Tufail and Jaan Muhammad, brothers of the complainant, arrived at the scene.

One co-accused raised a lalkara to seize and kill them. The petitioner allegedly fired a 12-bore gunshot at Muhammad Tufail, striking him on the right thigh, causing him to fall. The other accused also resorted to firing, inflicting multiple injuries on Jaan Muhammad. Upon hue and cry, several persons witnessed the occurrence. The accused fled while making aerial firing. Muhammad Tufail succumbed to his injuries at Kanganpur Hospital, while Jaan Muhammad was referred to Ellahabad Hospital for further treatment. Upon completion of the investigation, the petitioner and his co-accused were sent to trial. The Trial Court convicted the petitioner under Section 302(b) PPC for the murder of Muhammad Tufail and sentenced him to death, in addition to payment of Rs. 200,000/- as compensation to the legal heirs of the deceased, with a default stipulation of six months’ simple imprisonment. The High Court maintained the conviction but modified the........

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