R.O & A.C.
15. Then the accused after producing the documents as mentioned above, closed his defence evidence.
16. Out of the documents produced by Yousaf, accused, the document Exh.DL is very important for the decision of the case, so the contents of this document are reproduced as under:-
BISMILLAH HIR REHMAN NIR RAHIM
He who conquers himself conquers the world. The renewal of the principles of Islam in their fullest amplitude is the first step towards the renaissance of Muslims, for only he who has become resurrected in ‘THE TRUTH’ ‘ALL HAQ’ can resurrect and revive the world arround him.
ALLAH SUBHANAHU WATA’ALA
MOHAMMAD SALLAHO ALAHE WAALEHE WASSALAM
HAZRAT IMAM (SHAYKH)
UBU A.H. MUHEMMED YUSUF ALI
Hum Kamil Tasleem our Tasdeeq K sath Shahadat Detay Hain.
Alhamdolillah, He sees everything as from Allah Subhanahu wa Ta’la, does every thing for Allah’s sake, and attributes nothing to any created being including himself. What he says, he does Compliments or criticism, benefit or loss are same to him. His knowledge is all encompassing and his wisdom supreme. He considers the one who knows and does not apply his knowledge is no better than a donky carrying heavy load of books.
[Note by Editor: The quoted text above is a word translation of the certificate of Khilafat e Azam. Yusuf Kazab produced in court claiming that he Prophet Muhammad SAW sent him this document. And due to this document he is now Khalifa e Azam because he has a certificate from Prophet SAW who was Khalifa e Azam. Yusuf Kazab was asked if any other prophet was Khalifa e Azam. He stated that no other prophet was Khalifa e Azam, only Prophet Muhammad SAW was Khalifa e Azam and now after him SAW, Yusuf Kazab has been made Khalifa e Azam. This is exactly what Zaid Hamid states in his video, that Yusuf Kazab didnt claimed to be prophet, he claimed to be Khalifa. According to this claim of Yusuf Kazab – he was superior to all Prophets AS and at a similar rank as that of Hazrat Muhammad SAW ]
17. At the close of trial, I heard Rana Mohammad Aslam Awais, learned District Attorney for State, assisted by Mr. Mohammad Ismail Qureshi, Mr. M. Iqbal Cheema and Mr. Ghulam Mustafa Chaudhary, learned counsel for the complainant, and Mr. Saleem Abdur Rehman and Miss Rukhsana Lone, learned counsels for Mohammad Yousaf Ali, accused. I have also scanned the entire record produced before me.
18. The learned District Attorney, assisted by learned counsel for the complainant, after reading the entire prosecution evidence, mainly argued that the mere delay in lodging the FIR in a sensitive case is no ground to reject the prosecution case; that the evidence of the prosecution in the shape of Audio & Video Cassettes and the transcripts are admissible in evidence keeping in view the provisions of Articles 164 of ‘Qanoon-e-Shahadat Order’ and in this case the Video Cassette was seen by the learned defence counsel and he confirmed the voices and photographs in toto in the Video Cassette and that now the accused has also himself provided the Video Cassette (Mark “J”) to the court, which, despite refusal by the accused for comparison, is available for comparison and the output of the comparison would that the voice and the photographs are same in the Audio and the Video Cassettes produced by the prosecution. Therefore, on the basis of the prosecution evidence, oral as well as documentary, the charges against the accused stand proved. They added that Yousaf, accused, claimed for himself ‘Anna Muhammad’, which means that he claimed for himself to be an ‘Apostle’ like our Holy Prophet (Peace Be Upon Him) and infact he proceeded in the same way as ‘Mirza Ghulam Ahmed Qadiani’ if being very loyal to the religion of Islam diverted himself after having some followers and thereafter claimed fo himself as ‘Masih Moud’, ‘Wali Ullah’ and even th ‘Prophet’. The learned District Attorney also pointed out ( that on specific allegations as attracted in the charges! Yousaf, accused, through his counsel, failed to put specific suggestions concerning with the allegations directly, therefore, it means that he admitted the prosecution case because failure to cross-examine a witness tentamounts to admission of the fact.
19. The learned District Attorney, assisted by learned counsels for complainant, referred to the case reported in PLD 1985 Karachi-229fPLD 1984 Lahore-484. 1997 SCMR-632. PLD 1991, FSC-10 pages 26. PLD 1994 LAHORE-485. 488T 491. 505. 509r 514. 1971 P.Cr.L.J.-602 (Lahore). 1987 P.Cr.L.J.-1204 (Lahore), AIR 1936 Peshawar, 106. PLJ 1990 CrI. Cases (Karachi) 340r 1995 P.Cr.L.J. 459 (Peshawar). AH England Law Reports 1965 page 464. 1995 MLD-1486 (Lahore), PLD 1985 (Karachi) 229. The Book titled ‘Khitabaat-e-Khatam-e-Nabuwat’ written by Maulana Mohammad Ismail Shuja Abadi. (Mutbani Kazaab Aor Toheen-e-Ambia) page 249, The Book titled ‘Majmooa Alhammat Tazkara Hazrat Masih Moud Alhe Salam’ written by Jalal-ud-Din Shamas. pages 102, 276, 396 and 620, Black’s Law Dictionary page 311 (corroborating evidence), Laws Lexicon page 538 (Correctness of order), Sahi Al-Bokhari Narrated By Abu Hurrera. Razi Alia Tala Anho, Hadith 9.112, The Book ‘Sirur Israr’. written by Hazrat Sheikh Abdul Qadir Jillani, Rehmatullah Ale, page-223 and the Book titled ‘Qadiani Mazhab Ka Ilmi Mohasba’ written by Professor Mohammad Ilyas Barni pages 253, 258, 260, 265 and 267, in support of their arguments.
20. The learned defence counsels Mr. Saleem Abdur Rehman and Miss Rukhsana Lone, Advocates, opposed the arguments advanced by the prosecution and submitted that there is inordinate delay in lodging the FIR, which has remained unexplained by the prosecution; that the evidence of the prosecution is worth no reliance; that the Audio and Video Cassettes and their transcripts are tampered documents. Even otherwise, this piece of evidence is not admissible in evidence keeping in view the provisions of Articles 164 of Qanoon-e-Shahadat Order; that the pages of diary are photo copies, so in absence of the expert or the Writer, this piece of evidence cannot be relied upon; that Magazine ‘Takbeer’ has been brought on record but its author has not been produced, therefore, at each step the prosecution evidence is full of doubts, there are additions and omissions in the statements of prosecution witnesses but because of enmity jealousy and greed appeared against the accused and being so the accused is entitled to benefit of doubt. They also threw light on the defence version reflected in the statements of the accused and the documentary evidence. They referred to the cases reported in 1995 MLD 1485, AIR 1964 S.C-72, 1987 MLD 2425T PLD 1984 (Lahore)-67. PLD 1998 (S.C) 109. 1974 PLD (Lahore) 452T PLD 1979 (S.C)AJK-78. PLD 1970 SC-10, PLD 1964 (S.O-81. PLD 1996 (Lahore) 406. 1996 P.Cr.L.J.-1076. 1993 S.C-1951 Calcutta-133 and 581, 1993 SCMR-153, 1995 MILD-667, PLD 1991 FSC-10, 1983 P.Cr.L.J. J-823, PLD 1963 SC-17, PLD 1963 (Karachi)-76, 1974 P.Cr. L.J-400, PLD 1964 S.C-26, 1993, SCMR-550, 1989 P.Cr.L.J. 1956, PLD 1994 (Lahore) 485 PLD 1964 S.C-26, in support of their arguments.
21. The accused, through his counsel, have also referred to the Books, the detail of which is as under:-
i) ‘Ziarat-e-Nabi-Bahalat-e-Bedari’, written by Mr. Mohammad Abdul Majeed Siddique, Advocate, page-6 and 52, (ii) ‘Abe Hayat’ written by Maulana Mohammad Qasim Nanotvi page-2 (iii) ‘Armaghan-e-Shah-Waliullah’ written by Professor Mohammad Sarwar, page 281, (iv) ‘Zikr-e-Jamil’, written by Maulana Mohammad Shafi Okarvi, pages 105 & HVi (v) ‘Madarj-e-Nabuwat’, written by Hazrat
Allama Sheikh Abdul Haq, pages 654, 781, 788, 1050, 1052, 1057, 1058, 1063, 1067, 1071, 1072, 1074, 1076 and 1077, (vi) ‘Sir-e-Dil-Biran’ written by Hazrat Shah Syed Mohammad Zoqi pages, 37, 39, 73, 75 and 293, (vi-i) ‘Maktubat-e-Imam-e-Rabbani’ written by Hazrat Mojadad Alif Sani, translated in ‘Urdu’ by Maulana Mohammad Saeed Ahmed Naqshbandi, pages 524, 548 and 622, (viii) ‘Mazhar-e-Jamal-e-Mustafi’ written by Sufi Syed Nasir-ur-Din Hashmi, pages Alif, 51, 145 and 162, (ix) ‘Shariat-o-Tariqat’ written by Hazrat Maulana Shah Ashraf Ali Thanvi, pages 117, 354, 368 and 420, (x) ‘Ganjina Darood Sharif written by Mohammad Aslam Naqshbandi page 197, (xi) ‘Al-Imdad’ written by Mr. Rafiq Ahmed (Exh.DJJ) page 35, (xii) ‘Khitabaat-e-Khatam-e-Nabuwwat* written by Maulana Mohammad Ismail Shaujaabadi, page 175, (xiii) ‘Maktooba-e-Imam-e-Rabbani’ written by Hazrat Mujadid Alif Sani, translated in ‘Urdu’ by Maulana Mohammad Saeed Ahmed Naqshbandi, pages 87, 95, 117, 141 and 162, (xiv) ‘Khoon-key-Ansoo’ written by Hakim-e-Mashriq Allama Mushtaq Ahmed Nizami, page 87, (xv) ‘Khazine-e-Marfat’, written by Hazrat Mohammad Ibrahim Kasuri pages 3, 347, 388 and 392, (xvi) ‘Maktobat-e-Imam-e-Rabbani’ written by Hazrat Alif Sani, translated in ‘Urdu’ by Maulana Mohammad Saeed Ahmed Naqshbandi, pages 51, 63, 87, 141 and 148, (xvii) ‘Al-Hariq-ul-Makhtoom’, written by Maulana Safi-ur-Rehman Mubarikpuri, pages 83 and 616, (xviii) ‘Sirat-e-Ghos-e-Azam1 written by Hazrat Maulana Abdul Rahim Khan Qadri, pages 63 and 199, (xix) ‘Rozatul Qayyumia’ written by Hazrat Khwaja Mohammad Ehsan, pages 171, 173, V75, 178 and 288. (xx) ‘Qisre Arfan’ written by Sheikh Maulvi Ahmed Ali Chishti, page 14, 54 and 58, (xxi) ‘Maktoobat-e-Imam-e Rabbani’ written by Hazrat Mujadid Alif Sani translated in ‘Urdu’ by Hazrat Mohamma Saeed Ahmed, pages 42, 44, 104 and 113 (xxii) ‘Tabeerul Roovia’, written by Allam Ibne Sireen, page 78 and (xxiii) ‘Sahi Bokhari’ translated by Hazrat Maulana Waheed-uz-Zaman, pages 80 and 82.
22. Basically the point for examination is that as to what is the faith of a ‘Muslim’. The faith of a ‘Muslim’ is the Holy Kalma, which means that there is no God (no one is worthy of worship and obedience), save one God and Muhammad (Peace Be Upon Him) is His Messenger. Actually the meaning of Holy Kalma, in other words, is a confession which is gate-way to Islam. But any one who repeats the confession mechanically, by deceitful means or by diverting any thing out of it towards him cannot be called a ‘Muslim’. This confession consists of two parts, the first part (Lailaha Illallah) contains the affirmation of the oneness of God. It means that no one except the Almighty is worthy of worship and obedience. Infact it means Allah Almighty is the True King (Saccha Badshah), whose names are as under:-
1. Allah-2. Arrheman 3. Arrahim 4. Almaliko 5. Alqudoos, 6. Assalam 7. Almomino 8. Almohemeno 9. Alazizo 10. Aljabbaro 11. Almutakbiro 12. Alkhaliqo 13. Albario 14. Almusawwiro 15. AlGhaffaro 16. AlQaharo 17. Alwahabo 18. Alrazzaqo. 19. Alfataho 20. Alaleemo 21. Alqabizo 22. Albasito 23. Alhafizo 24. Arrafeo 25. Almoizo 26. Almozillo 27. Alsamio 28. Albasiro 29. Alhakimo 30. Aladalo 31. Allatifo 32. Alkhabiro 3. Alhalimo 34. Alazeento 35. Alghafooro 36. Alshakooro 37. Alalio 38. Alkabiro
39. Alhafizo 40. Almoqito 41. Alhaseebo 42. Aljalilo 43. Alkarimo 44. Arraqiba, 45. Almojibo 46. Alwasio 47. Alhakeemo 48. Alwadoodo . 49. Almajeedo 50. Albaiso 51. Alshaheedo 52. Alhaqqo 53. Alwakeelo 54. Alqavio 55. Almateeno 56. Alwalio 57. Alhameedo 58. Almohsio 59. Almobdio 60. Almoeedo 61. Almohee 62. Almomito 63. Alhayeeo. 64. Alqayyumo 65. Alwajido 66. Almajido 67. Alwahido 68. Alahado 69. Assamdo 70. Alqadiro 71. Almuqtadiro 72. Almuqaddimo 73. Almokhiro 74. Alawwalo 75. Alakhiro 76. Alzahiro 77. Albatino 78. Alwalio 79. Almotaali 80. Albarro 81. Attawabo 82. Almuntaqimo 83. Alafuo 84. Alraufo 85. Malikomulk 86. Zuljala-e-wal-Ikram 87. Almuqsito 88. Aljamio 89. Alghanio 90. Almughnio 91. Almotio 92. Almanio 93. Addaro 94. Annafeo 95. Annooro 96. Alhadio 97. Albadio 98. Albaqio 99. Alwariso 100. Arrashido and 101. Alsaburo.
Meaning thereby that He Alone is Supreme.
23. The second part of Kalma consisted of (Muhammadur Rasool Allah) that Mohammad (Peace Be Upon Him) is the Messenger of Allah Almighty. So Prophet Mohammad (Peace Be Upon Him) is the Apostle of God Almighty and it means that He (Peace Be Upon Him) was raised up by Almighty for the guidance of the World and whatever he taught or preached like the divinity of the origin of the Quran, the existence of the angels, certainty of.the last day, the resurrection, the Judgment, the award of Heaven and Hell according to one’s deed on the earth was hundred percent true and authentic. Allah Almighty made many pictures, in other words, sent His Apostles for Nations and for Societies but last picture Prophet Mohammad (Peace Be Upon Him) was declared by Allah Almighty as ‘Mehboob-e-Khuda’, whose names are as under:-
1. Muhammadun 2. Ahmedun 3. Hamidun 4. Mehmoodun 5. Qasimun 6. Aaqibun, 7. Fatihun 8. Khatimun 9. Hashirun 10. Maahin 11. Daain 12. Sirajun 13. Rashidun 14. Munirun 15. Bashirun 16. Nazirun 17. Haadin 18. Mhadin 19. Rasoolun 20. Nabiyun 21. Taahaa 22. Yaasin 23. Mozammilun 24. Mudassirun 25. Shafiun 26. Khalilun 27. Kaleemun 28. Habibun 29. Mustafa 30. Murtaza 31.’Mujtaba 32. Mukhtarun 33. Nasirun 34. Mansoorun 36. Qaaimun 37. Hafizun 38. Shaheedun 39. Aadilun 40. Hakimun 41. Noorun 42. Hujatun 43. Burhanun 44. Abtahiyun 45. Mominun 46. Moteeun 47. Muzakkirun 48. Waaizun 49. Ammenun 50. Sadiqun 51. Musaddiqun 52. Naatiqun 53. Sahibun 54. Makkiun 55. Madaniun 56. Arabiun 57. Hashimiyun 58. Tehamiun 59. Hijaziyun 60. Nazariun 61. Qureshiun 62. Modariun 63. Ummiun 64. Azizun 65. Harisun 66. Raufun 67. Rahimun 68. Yaleemun 69. Ghaniun 70. Jawwadun 71. Fatahun 72. Aalimun 73. Tayyubun 74. Tahirun 75. Mutahirun 76. Khateebun 77. Fasihun 78. Syedun 79. Munaqiun 80. Imamun 81. Barun 82. Shafin 83. Mutawasitun 84. Sabiqun 85. Muqtasidun 86. Mehadiun 87. Haqun 88. Mobinun 89. Awwalun 90. Akhirun 91. Zahirun 92. Batimui 93. Rehmatun 94. Mohallalun 95. Moharramun 96. Aamirun 97. Nahin 98. Shakoorun 99. Qaribun 100. Munibun 101 Mujeebun 102. Mubalighun 103. Toaaseen. 104. Haameem 105. Haseebun 106. Olaa.
24. Allah Almighty declared his Beloved Prophet (Peace Be Upon Him) as ‘Khatatn-un-Nabeeyan’. Reference is made to Verse No. 40 of Surat Ahzaab, which is as under:-
“Muhammad (P.B.U.H.) is not the father of any of your men, but he is the Messenger of Allah and the last (end) of the Prophets. And Allah is Ever All Aware of every thing:”
Allah Almighty himself and his Angels sent ‘Darood-o-Salam on Holy Prophet (Peace Be Upon Him) and ordered the Muslims to send their blessings on Him. Reference is made to Surat Ahzaab Ayat No. 56 which is as under:-
“Allah and His Angels send blessings on the Prophet.
Oye that believe! Send ye blessings on him And salute him With all respect”.
25. First we seek guidence from the Holy Quran, which is the true source of knowledge for a Muslim. Therefore, it is an established fact that there would be no Apostle after our Beloved Holy Prophet (Peace Be Upon Him) and if any one has any such claim of being Prophet after Him or to have resemblance with the Holy Prophet (Peace Be Upon Him) or Whose (Peace Be Upon Him) continuity, either he is ‘Massalama Kazzab’ or ‘Mirza Ghulam Ahmed Qadiani’, he cannot be Apostle of God but he is ‘KAFIR’ and ‘MURTAD’, liable to be punished under the law in Pakistan.
26. Allah Almighty Himself and His Angels send ‘Darood-o-Salam’ on Holy Prophet (Peace Be Upon Him) and ordered the Muslims to send their blessings on Him. Reference is made to Surat Ahzaab Verse No. 56″, which is as under:-
“Allah and His Angels send blessings on the Prophet O ye that believe! Send ye
blessings on Him. And salute Him with all respect.”
27. Now the point for determination is that Allah Almighty declared the Holy Prophet (Peace Be Upon Him) as ‘Khatamun Nabeeyin, then as to whether if any person by force of his knowledge of Islam by praising Allah Almighty and the Holy Prophet (Peace Be Upon Him) diverts himself and claims himself as ‘Anna Mohammad, would it be possible that Allah Almighty shall send His blessings for that person! Certainly not. In accordance with the spirit of Surat Ahzaab, Darood Sharif is only meant for the Holy Prophet (Peace Be Upon Him) and this logical version is sufficient to say that there can be no Prophet in any way or in any manner or in any face after our Holy Prophet (Peace Be Upon Him). The supreme honour, which Allah Almighty gave to our Holy Prophet (Peace Be Upon Him) is that He made the ‘Zikar’ of Holy Prophet mandatory alongwith His ‘Zikar’, and then the Holy Kalma is complete’.
28. Can a Muslim imagine that a person, who claims himself to be Apostle in any shape whatsoever and brings himself forward to compete himself with the status of Holy Prophet (Peace Be Upon Him), then Allah Almighty and his Angels would send their blessings on that person. It is impossible. Infact such person is ‘KAFIR’ and ‘MURTAD’.
29. Murtad means a person who diverts from his religious belief and in such a way as if he is injuring the dignity of Allah Almighty, His Ayat and His Prophet. Even repentence (Tauba) of such person shall not be accepted and he shall be liable for action under the Penal Law.
30. The words ‘insult’ and ‘contempt’ are words to an extreme, even idle talk (Dillagi) or laugh (Hansi) are not permitted for Allah Almighty, His Ayat and His Holy Prophet (Peace Be Upon Him). So if a person even presents a document now a days and claims that this document has been sent to him by Holy Prophet (Peace Be Upon Him) and it is verified by all Aolia-e-Karam, then it means that he has involved himself in idle talk (Dillagi) and laugh (Hansi), so such a person is definitely ‘Kafir’ and ‘Murtad’. The reference is made to Surat Tauba Verses No. 65 and 66.
31. This is such a case in which the allegation against the accused is that he called for himself ‘Anna Mohammad’, his family members as ‘Ahl-e-Bayat’ and his followers as ‘Sahab-e-Rasool’. Leaving aside other allegations, this is such a case in which the prosecution version is that the persons at large were injured by touching their religious feelings. It is not such a case in which the members of a family have been physically injured or there is road incident and their statements have to be examined in order to find out the consistency in their statements. It is such a case in which the statement of one witness has to be analyzed in the light of his own statement, whether it corroborates with other statements or not, for the reason that two or three witnesses are residents of Karachi and the others are residents of Lahore and this religious matter injuring the feelings of Muslims at large have been taken up by a religious party known as ‘Aalmi Majlis’ Tahafuz-e-Khatam-e-Nabuwwat;, whose history is full of sacrifices in the name of Allah Almighty and love with the Holy Prophet (Peace Be Upon Him) and infact the religious scholars belonging to this party, either Advocates or others, who by their efforts brought the provisions of Section 295-C in the Pakistan Penal Code and now this case through their representative ‘Maulana Mohammad Ismail Shujaabadi. So it is my view that each witness has to be examined so far his testimony and credibility is concerned in the light of his own circumstances and keeping in view this in mind that the conviction and sentence can be passed even on the basis of the statement of a true solitary witness because law says that the qualitative evidence is required and not the quantitive. [Note by Editor: It is this statement of the Judge on which Zaid Hamid says that the Judge himself praised AMTKN and hence was biased] I may express my view in this way that some decoits looted one person in the one corner of Jungle and looted another person in the other corner of the Jungle. So wherefrom the corroboration would come. Therefore, the statement of the aggrieved person in the light of circumstances explained by him shall either be accepted or rejected.
32. Here in the case, there is no such controversy that Yousaf Ali, accused is to be declared as ‘Wali’, ‘Abdaal’, ‘Qayyum’ and ‘Qutab’ and had it been so, then some Books referred by him like ‘Secret of the Secrets’ could be considered. Even otherwise the Books referred to by him are not relevant for the subject and over and above the Holy Quran, which is the supreme source of law and knowledge.
33. Now this aspect is worth examination that as to whether first of all the prosecution case is to be taken up or the case of accused on basis of his statements be examined first. Formally it is the prosecution who has to prove its case. But here I prefer to take up the statements of the accused to examine his personality.
34. He stated in his statement on oath that his faith in religion is like that of ‘Hazrat Abubakar Siddique’, ‘Ahle Bayat’ and like that of ‘Aolia-e-Karam’ and his mission is world peace through human excellence (Ahsan-e-Taqveem), also known as World Assembly and Peace and Islamic Renaissaznce and he added that whenever he talks about ‘Ishaq-e-Mohammad, he would love to be student of ‘Sufiizm’, when he strives against enemies of Islam, he would like to go to “Jamat-e-Islami Camp, when he hears Naats, he would love to sit in Brailvi Company and if he has to hear good sermons about Ahl-e-Bayat-e-Rasool, he would prefer to go to ‘Shiaz and while he performs exortic he would be a student of ‘Daobandi’ and if he has to talk – about ‘Toheed’, he will go in the Camp of ‘Ahl-e-hadees. In other words according to him all Muslims have some good partial knowledge, not a total knowledge and the total knowedge is under the feet of Hazrat Muhammad (Peace Be Upon Him). He referred to many Surats in support of his version. If his statement, as referred above, despite references of Holy Quran and Page No. 28 of the Book ‘Qanoon-e-Toheen-e-Risalat’ written by Mr. Mohammad Ismail Qureshy is deeply examined, it would look that all the Surats of Holy Quran are true but the object of his statement is to condemn every school of thought of ‘Muslims’ with this plea that every school of thought has partial knowledge and infact his mission is to attract the public towards him with this version that he is every where. Whereas the true situation is that a ‘Muslim’ belonging to every school of thought has faith, as discussed above, or as under:
When this is the faith of a ‘Muslim’, then what is the necessity of condemning the school of thoughts. He admits this thing to be bad by stating that description of defect of any one is back-biting, so he shall not point out the defect of any one. He is indirectly condemning the different school of thoughts by stating that if he is to hear the Naats he would love to sit in Brailvi Company. Meaning thereby, he does not like other acts of the Brailvi school of thought and similarly in case of ‘Ahle-Hadees or ‘Jamat-e-Islami’. He criticized that all translations of Holy Quran are incorrect and defective. But he did not state that he wrote true translation of the Holy Quran and when he was asked about knowledge of Arabic, he replied that he knows Arabic language to some extent. While proceeding further, he stated that prior to his birth his parents. Murshids of his parents and the Holy Prophet (Peace Be Upon Him) gave the happy news that he has a contact with the Holy Prophet (Peace Be Upon Him) through dreams and observance and though it is his personal matter but according to him it is not objectionable for others and he mentioned this fact for the reason that in his conversation all the terms are those which he has got from the Holy Prophet (Peace Be Upon Him). For example in Arabic the word ‘Ahle-Bayat’ is usually used and words ‘Ahle-e-Bayat-e-Rasool’ are specified. So ‘Ahle Bayat’ can be used for any body; that he has to be in accordance with the example of Holy Prophet (Peace Be Upon Him) and if some one is like Holy Prophet (Peace Be Upon Him) it is not disrespectful or, insulting but if some one is not in accordance with the Holy Prophet (Peace Be Upon Him), it is disrespectful and for this reason the happy news and pleasure was that his name ‘Muhammad’ was suggested and later on the elders and scholars gave guidance that this would proceed with difficulty in the culture of Pakistan. It is obvious from his this sttement that he has tried to make his birth like that of an Apostle of God. Even otherwise there is no such proof to show that it was as such. According to him if some one is like Holy Prophet (Peace Be Upon Him) it is not disrespectful. The question is that how any one can claim to be like Holy Prophet (Peace Be Upon Him) whereas we are the humble slaves of the Holy Prophet (Peace Be Upon Him). He added Yousaf Ali in his name ‘Muhammad’ with his version that the culture of Pakistan would not accept the simple name as “Muhammad”. Any such version cannot be accepted because if in good faith the simple name as ‘Mohammad’ of a person is suggested, no body will agitate and if the name ‘Muhammad’ is suggested to pose like the Holy Prophet (Peace Be Upon Him), then this simple name as ‘Muhammad’ is highly objectionable. He further stated that the way Holy Prophet (Peace Be Upon Him) is on the peak of Prophethood, in the same way, his followers could reach on the peak of man kind and the peak of man kind is that there should be no secret in between Holy Prophet (Peace Be Upon Him) and the man. The love with the Holy Prophet (Peace Be Upon Him) may go to an extreme but one should keep in mind that an animal cannot become human being, a, human being cannot become an Apostle of God and all Apostles of God cannot become the Holy Prophet (Peace Be Upon Him). So far the secrets are concerned, this fact is best known to Allah Almighty or to the Holy Prophet (Peace Be Upon Him) (Mehboob-e-Khuda) as Allah Almighty is ‘Mohib’ and the Holy Prophet (Peace Be Upon Him) is ‘Habib’;. Therefore, there can be no secret in between the ‘Mohib’ and ‘Habib’. So it is incorrect that there can be no secret in between God and the Apostle of God. So his version is objectionable from religious point of view. Thereafter, he claims to be the Caliph of the Holy Prophet (Peace Be Upon Him) but without any ‘Dalil’ or ‘proof except the document Exh.DL, which is computerised / typed, delivered to him about 40 days earlier during the trial of this case. It is quite funny but it does not mean that he Tacks wisdom and infact to thrash out his wisdom his statement on oath is being examined first, prior to the discussion of the prosecution case. In order to explain as to who and when the word ‘Sahabi’ was used. According to him, the ‘Sahabi’ is that person who had the company of Holy Prophet (Peace Be Upon Him) in ‘Halat-e-Iman’ and if he is not a ‘Sahabi’, then what else. He stated that the ‘Sahabi means the companion of Muhammad Bin Abdullah Muhammad Rasool Allah (Peace Be Upon Him). Anyhow on safe precaution the word of ‘Sahabi’ was also used for the companions by the leaders of ‘Ahle-Bayat’ and similarly Hazrat Ghos-e-Azam used this word in the same sense and stated that is it not correct that we generally do not call our friends as companions and the meaning of ‘Sahabi’ is some thing else and the meanding of ‘Sahab-e-Rasool’ is some thing else. This explanation given by him itself is double meaning and infact he tried to justify the fact of calling his two companions as ‘Sahiabi’. If any one is a true ‘Muslim’ he should avoid such Islamic terms, which may confuse others. During cross-examination, he stated that he cannot say if the Book titled as ‘Ali Nama’ was presented to him by Syed Masood Raza. If this Book Ali ‘Nama’ (P-14) is read, it would look that there are many things objectionable in it. For example, poem (P-9) ‘Tujhi-pe-Var-De-Apni- if Jawani’ Portions ‘A’ to ‘A’ and ‘B’ and highly * objectionable as ‘Suaad’ for Saiallaho Alehe-Wassalam’ is put on words addressed to Yousaf Ali. Infact he could not deny the presentation of this book and the showing of the lack of knowledge was meaningful and Syed Musa Raza Writer of the above mentioned book was admittedly f known to him. Last of all he stated in this regard that he ? has audience in abundance, so he has not concern with the words by which he has been addressed by those. This explanation given by him is highly objectionable, which also means as if some one put ’Suaad’ for Saiallaho Alehe-Wassalam’ on his name, he accepts the same, Infact he should have stated that he condemned / disproved those persons and he had not done so fa despite of having knowledge in this regard even in th> court. Anyhow, he admitted later on, during cross examination, that there is possibility that his poetry ha been produced in ‘AH Nama’. Indirectly he admits t have knowledge about the book ‘Ali Nama’ (P-14)i Similarly he showed his ignorance about a book title’ ‘Bang-e-Qalandri’ (P-16) and also showed ignorance that” the poetry given in the book (P-16) is same as given in ‘Ali Nama’ (P-14). Infact it is obvious that he is concealing some thing.
Now when he was cross-examined about his place of birth, he stated that he was born in a village near Jaranwala but he does not remember the name of the village; that his place of birth officially recorded is 1st August, 1949; that he started his education is a School at Jaranwala; that he did Matriculation in a School at Jaranwala; that he was born in the month of ‘Shabaan’; that he never told his date of birth as 9th Rabiul Awwal; the date of brith of Holy Prophet (Peace Be Upon Him) is told as 12th Rabiul Awwal and 9th Rabiul Awwal and he stated that he has difference on this but later on stated that both could be correct or correct. Now here it should be pointed out that if the Video Cassette is seen, he has stressed on 9th Rabiul Awwal as date of birth of our Holy Prophet (Peace Be Upon Him). It looks quite astonishing that he did Matriculation from a School at Jaranwala but he does not know the name of his village. Infact he tried to conceal himself so that one could not know that as to whether he is simple Rajput or otherwise. During cross-examination he stated that Arabic was also included as Optional subject. Meaning thereby, he had, no knowledge about Arabic language in detail, then how he can claim that the translations of Holy Quran made in the past are incorrect. Infact it is an assult on the Holy Quran and his intention is to mold the general public towards another angel / direction / way like Mirza Ghulam Ahmed Qadiani, who first was very loyal to religion but diverted later on when he had some followers behind him. In order to conceal his personality, he further stated in cross-examination that he has lost his Education Certificates. Passport and Visa etc., because there was an incident of setting his house on fire, as a consequence of which, his luggage is lying here and there. Therefore, he cannot collect as to where his documents of education are lying. While explaining incident of fire, he stated that it was just an attempt in the month of April, 1997. So his family shifted to different places and further stated that, however, he did not lodge any report with the police. Here again he has tried to conceal his educational qualification. The cross-examination on him at page 27 of the file would also show that he participated in the marriage of Masood Raza on 26.12.1995, who wrote the Book ‘Ali Nama. So it is quite astonishing that he had no knowledge of this Book. But at a later stage he stated that he has heard the poem ‘A’ to ‘A’ as being the portion and the portion ‘B to ‘B’ of the poem of P-19 written by Syed Masood Raza in his book ‘Ali Nama. Meaning thereby he knows how to twist his statement. While going further relating to this subject ‘Ali Nama’ he admitted that the poems ‘F’ t ‘F’ and ‘G’ to ‘G’ apparently are objectionable and trie to justify his position by reciting ‘Sher’.
35. He stated in cross-examination that his father was Jeweller as well as cultivator and first of all shop of his father was in Lahore, then was shifted to Jaranwala and that his father was owner of the property, the detail of which is not known to him but his father had distributed the same when he was child and his father left no property for him except one house, which was given to one sister. About his service he stated that he joined the Defence Services in the year 1966 and he remained in Service till 1977 with the designation of Captain, last held in the Defence Services. So his way of income was salary of Captain and another source of income was the property inherited by his wife. Meaning thereby when he resigned from the service he had no huge amount with him to carry on any business but he showed in his statement on oath that he has invested rupees twenty four lacs in the business of cloth in ’Madina Munawara’. About his residence bearing No.218-Q in the Defence, Lahore, he stated that it is neither owned by him nor by hiw wife but he had resided there. And about his name recorded in the service record, he stated that it was ‘Yousaf Ali Nadeem’ and that the house known as ‘Jannat-e-Tayyaba’ situated at 218-Q Defence, Lahore and later on admitted thaf the owner of the house was his wife. Two things are quite clear from this portion of his statement in a way that he had excluded the name of ‘Muhammad’ from his name ‘Mohammad Yousaf Ali’ and that he added ‘Nadeem’ in his name and became ‘Yousaf Ali Nadeem’. Meaning therby he had no love with the name ‘Muhammad’ and infact he had love with ‘Takhallus’ (pen name) ‘Nadeem’ that of a Filmstar, perhaps that act on his part developed in the youth age, and the second thing is that first he denied to be owner of the house, as mentioned above, but later on stated that the house was owned by his wife. Meaning thereby he is in the habit of making contradictory statements.
36. Now about the circulation of money in between him and the prosecution witnesses is in this way when he
states that Draft Mark ‘A’ for an amount of Rupees three lac is concerned, the amount is his but the Draft was sent by Mohammad Ali Abubakar (PW), similarly Draft Mark ‘B’ for an amount of rupees five lac, the amount was his and the draft was sent by Mohammad Ali Abubakar (PW) from Karachi to Lahore and so far the Draft Mark ‘C is concerned, he again stated that the amount was mine but it was sent by Mohammad Ali Abubakar (PW) from Karachi to Lahore, and in case of Draft Mark ‘D’ he stated that it was his amount but it was despatched by Mohammad Ali Abubakar (PW). This portion of his statement is also meaningful for the reason that how is it possible that a specific amount is being sent from Karachi to Lahore by a specific person but the claim of Yousaf Ali, accused, without any evidence, is that it was his amount. Meaning thereby he is concealing some thing and telling a lie.
37. He admits that the Air-Conditioner purchased vide Receipt Mark ‘F’ was given to him as gift and he volunteered that this Air-Conditioner was purchased from his amount and this amount was gifted by him to Mohammad Ali Abubakar (PW). The question is to what, is the meaning of these sentences. It is clear that the Air-Conditioner, after purchase by Mohammad Ali Abubakar (PW) was given to him and at the most he tried to conceal this fact.
38. In order to prove himself a very pious man, he’ stated that since he was called by ‘Murshid’ in Madina Munawara, so he tendered resignation from service, but at the same moment he admits that he did not mention this fact in the application for resignation. This fact on the record would also force to believe that there is tendency in him of concealing the true facts.
39. About use of word ‘Faqeer’ for himself, he stated that he has not written ‘Faqeer’ for himself except at one stage but later on he confirmed his contention and stated that he has never called himself as ‘Faqeer’ any where or written as such. But at the same moment he admitted that he has termed himself as ‘Maskeen’ and ‘Faqeer’ in his statement before this court and volunteered that he has stated before this court that this ‘Faqeer’ was performing his duty, admitted that he has written as ‘Faqeer’ for himself in letter Exh.DM addressed to this court, admitted that he has written as ‘Faqeer’ many a times in the above mentioned letter and volunteered that there were many persons, who wrote alongwith their names ‘Faqeer’. In my view, there can be no objection if some one calls himself as ‘Faqeer’ but this Appellation (Laqab) is objectionable when it becomes meaningful and it is written with crookedness. Here the reference can be made to the document Exh.DYY, wherein he is happy to see the words ‘His Excellency’ alongwith his name and this typing in English is by a latest Typing Machine or this typing in English is computerised. Whereas his photograph with His Lordship Mr. Justice (Retired) Mohammad Afzal Cheema. Hon’ble Judge of Supreme Court is of those days when there was no Computer or any latest machine. Even otherwise document Exh.DYY seems to be a manufactured one. Moreover, while appearing as his own witness he repeatedly used the word ‘we’ or ‘us’ for himself, then how such a person can claim as ‘Faqeer’.
40. About document Exh.DL, which reflects to have ‘Khilafat-e-Uzma’ of Holy.Prophet (Peace Be Upon Him) he stated that this document is a Certificate relating to the spiritual aspect awarded to him by the Holy Prophet (Peace Be Upon Him) as the Holy Prophet (Peace Be Upon Him) awards Spiritual Certificate of this nature. He admitted that in document Exh.DL, the sentence ‘Khalif-e-Azam Hazoor Syed-e-Na>Muhammad (Peace Be Upon Him) Ka-Khalif-e-Azam Hazrat Imam (Al-Sheikh) Abu A.H. Muhammad Yousaf Ali) is awarded to him by the Holy Prophet (Peace Be Upon Him). Volunteered that in accordance with Surat ‘Haj’ Verse No. 78 every Muslim after all efforts should prove himself as ‘Khalifa’ of Holy Prophet (Peace Be Upon Him) subject to His (Peace Be Upon Him) confirmatin, added that portion ‘M’ to ‘M’ is the part and parcel of Exh.DL and this ‘Shahadat’ has been awarded to him by Hazrat Abdullah Shah Ghazi and this ‘Shahadat’ has also been given by other ‘Olia-e-Karam., all ‘Olia-e-Karam’ are alive and this ‘Shahadat’ has been awarded by them. Further added that he cannot say that this ‘Shahadat’ has been given by ‘Olia-e-Karam’ at the instance of Holy Prophet (Peace Be Upon Him) or not. The portion ‘N’ to ‘N’ is ‘Alhamdulillah’ correct and it is for him; that he knows ‘English’, ‘Urdu’, ‘Punjabi’ and little Arabic and little persian and the language of love. He further stated in cross-examination that he came to know through ‘Hazrat Abdullah Shah Ghazi’ that all ‘Olia-e-Karam have confirmed this Certificate Exh.DL. He stated that he received this Certificate directly from Holy Prophet (Peace Be Upon Him) but it was verified indirectly by the ‘Olia-e-Karam’ from ‘Abdullah Shah Ghazi’. Volunteered that this Certificate was spiritual but he cannot tell its details that as to whether he received document Exh.DL, either typed or un-typed and admitted that the document Exh.DL is computerised and typed document and he got this document Exh.DL computersied / typed from Islamabad. He stated that he cannot tell that as to whether he had been receiving the spiritual messages from Holy Prophet (Peace Be Upon Him) either in Arabic or in English because it is personal affair that as to in which language ‘Olia-e-Karam’ conveyed their message to him, therefore, he cannot tell the language, even he cannot tell the detail of verification portion ‘M’ to ‘M’ and Exh.DL so far the language is concerned, even he cannot tell the language in which the message portion ‘N’ to ‘N’ Exh.DL was received by him, however, he admitted that the message recorded in the upper portion ‘K’ to ‘K’ of Exh.DL is his and also of his Committee and he was responsible for it and when he was asked about the meaning of word ‘Amplitude’, he stated that the meaning of the word ‘Amplitude’ is ‘Amplitude and about the word ‘Resurrect’, he stated that it is as ‘Resurrect’ in English, however, he denied this suggestion’ that he has manufactured this document to grab money from the people. Now the question worth consideration is that as to what is this document. Leaving aside its admissibility for the reason that this document has been presented by him, so believing it to be admissible the question in my mind is that in view of his above statement, what is the corroborative piece of evidence about this document and what is the sanctity of this document. There is nothing on the record to believe that this document is correct. It is quite astonishing that ‘fluid’ has been used on the word ‘Suaad’ at many places on the name of.-A.H. Muhammad Yousaf Ali’ and if this document is seen by magnified glass, it would look that on every step where ‘Suaad’ has been used for the name of ‘Muhammad Yousaf Ali’, it has been covered by ‘fluid’. So it is quite astonishing that the message of Holy Prophet (Peace Be Upon Him) was received by him with the fluid of modern day. Infact this document is ridiculous towards Islam and the spirit of Surat Tauba Verses 65 And 66 of Holy Quran, which in English are as under:-
Verse No. 65
“If you ask them (about this) they declare ‘we were only talkly idly and joking’ say was it at Allah and His Ayat and His Messenger that you were mocking?”
Verse No. 66
“Make no excuse; you disbelieved after you had believed. If We pardon some of your, We will punish others amongst you because they were Mujrimun
41. After analyzing this document, I am forced to say that there is no need to examine the prosecution evidence in presence of this original document, which itself is sufficient to declare Yousaf, accused, as ‘KAFIR’ AND ‘MURTAD’. Now thereafter I shall not use the words| ‘Muhammad’ and ‘AH’ alongwith his name in the judgment but only Yousaf Kazzab’.
42. There are many things in his statement on oathl like that what is the concept of ‘Imam-e-Waqt’, World-Assembly, ‘Mard-e-Kamil’, ‘Faqeer’, ‘Sirre Israr’ hisl Colums in ‘Tameer-e-Millat’ published in dailyf ‘Pakistan’ ‘Qarz-d-Hasna, in other words justification] for grabbing money from the people but I am leaving all these subjects undiscussed because his complete statement in verbatim has already been reproduced and if] any Reader of this judgment wants to know some thing, more about Yousaf, accused, he should read his entire! statement on oath.
43. Now if his statement under Section 342 Cr.P.C is perused, as given above, it would look that the accused, after consultation with his counsel did not submit reply to some very important questions. For instance, when he was asked about a question • with regard to Audio Cassette (P-l) and Video Cassettes (P-2 & P-5) containing his speeches, he submitted that his counsel has advised him not to answer this question. There are many other instances of this nature where Yousaf, accused, refused to answer the material questions. The point for determination is that as to what is the legal position in this regard. The spirit of Section 342 Cr.P.C. is that accused is asked to explain any circumstance appearing in the evidence against him without peviously warning trfthis regard and this explanation is sought by putting the questions by the court. Meaning thereby the prosecution evidence which comes against the accused is put to him. Now if the accused does not reply a| question, certainly, it would mean that he has admitted! the piece of evidence brought on record by the prosecution. Here I must mention the principle that if the statement of the accused under Sectin 342 Cr.P.C. is to be considered it is either accepted in toto or rejected in toto. But his this statement under Section 342 Cr.P.C. is an example in the history of criminal trial that accused did not submit his replies about very very important piece of evidence after consulting his counsel. Therefore, such pieces of evidence shall be presumed to be admitted by the accused and here I must mention that Audio and Video Cassettes are permitted to be produced in evidence. This analyses of the statement of Yousaf, accused, forces to believe that he is a crafty and artful person.
44. Here the conduct of the accused can also be examined as it was observed by the court. At one stage a prosecution witness was being cross-examined by the learned defence counsel. Yousaf, accused, interfered and tried to hand over the Book of Holy Quran to his counsel in such a way as if he had no regard for the Holy Quran and he was handing over the Holy Book in a throwing manner. While the conduct of the defence counsel was that at one stage while cross-examining another prosecution witness he put his questions in the form as under:-
45. This question put by the learned defence counsel was not from his own pocket but if the Audio and Video Cassettes are seen, then it would look that Yousaf, accused, by carrying the Holy Book in his hand acted in the same manner. Meaning thereby the conduct of Yousaf, accused, forces one to believe that he had no regard for the Holy Quran and his assertion to have the same and to pose as a very pious and scholar in religion is baseless. All this material has been obtained basically from the statement of the accused recorded as a witness.
So it is admissible in evidence and an inference, as above mentioned, can be drawn from it.
46. Now the case of prosecution is to be analysed in the light of the arguments advanced by the learned defence counsel.
47. First of all the point for determination is “that as to what is the impact of delay in lodging the FIR. This case was registered on basis of complaint Exh.PC dated 26.3.1997, moved by Mohammad Ismail Shujaabadi, Secretary General ‘Aalmi Majlis Khatam-e-Nabuwwat’ Lahore Branch to Senior Superintendent of Police, Lahore, who asked DSP (legal) to examine and report immediately vide his order dated 28.3.1997. While the formal FIR Exh.PC/1 was recorded on 29.3.1997. If the contents of the application Exh.PC are perused, it would look that the complainant in this case was not an eye witness but he had some evidence with him in the shape of Cassettes containing speech of Yousaf, accused, diary, writings and the reference of a specific incident dated 28.3.1997 with regard to sermon (Khutba) delivered by Yousaf, accused in mosque ‘Baitul Raza’ situated in Chowk Yateemkhana, Lahore. While the prosecution witnesses collected later on, narrated their stories of being cheated on different dates, mostly at Karachi, particularly in the house of one ‘Abdul Wahid’ or at Lahore. Certainly, the incident of being cheated are of different dates and that after submission of application Exh.PC, the formal FIR was recorded on 29.3.1997, therefore, it can be argued that as to why the delay occurred in such like sensitive case in which the allegation against accused was that of his claim being ‘Prophet’ or like the Holy Prophet (Peace Be Upon Him). If the prosecution evidence is examined carefully, it would look that each witness faced the incident of being cheated after intervals and it all was happening first in the sermons in accordance with the Islamic faith and then an offer to have ‘Ziarat’ of the Holy Prophet (Peace Be Upon Him). Irr my opinion every Muslim can be cheated under such umbrella. Anyhow the stage comes when the wisdom prevails and when the wisdom prevails, the aggrieved person stands looted. So in such sensitive cases the delay is bound to occur because straight away such like case is not registered because after submission of an application to SSP, it goes to the DSP (Legal) for opinion and thereafter the case is registered. Even otherwise the evidence is to be collected and the best thing in such circumstances is to evaluate the evidence of the parties independently.
48. Now the point for exmination is as to which piece of evidence is inadmissible in evidence in the light of the objections raised by learned defence counsel. He raised this objection that Audio and Video Cassettes are not admissible in evidence in the light of the provisions of Article 164 of ‘Qanoon-e-Shahadat’. Both the parties in support of their contentions have referred to the cases on this legal controversy. So far Article 164 of ‘Qanon-e-Shahadat’ is concerned, it says that if the court considers appropriate may allow to be produced any evidence that may have become available because of modern devices or the techniques. The objection raised by the learned defence counsel was that the maker of Audio and Video Cassettes has not been produced. Moreover, no genuineness can be attached to the transcripts got prepared by the police and that there are tampering and changes in the Audio and Video Cassettes. It may be mentioned in this regard that Audio and Video Cassettes were provided to the accused. Even his counsel saw the Video Cassettes in the Chamber of the undersigned and at the end he uttered the accused owns it in toto and later on he was worried in this connection and denied the voice and photographs of the accused in the Audio and Video Cassettes. Even when the statement under Section 342 Cr.P.C. was recorded, the learned defence counsel advised to the accused not to answer the question. And at one stage when the statement of the accused was being recorded, he himself produced a Video Cassette containing his interview, perhaps with the foreigners. Now if Video Cassette Mark ‘J’, provided by the accused and the Video Cassettes P-2 & P-5 and also the Audio Cassette P-l, are seen and heard, it would establish that the voice of accused is same in the Audio Cassette and the Video Cassettes and that the photography in the Video Cassettes, as mentioned above, is that of Yousaf, accused. Infact by producing the Video Cassette he (accused) provided an opportunity to the court for comparison in which this court itself is competent. I fully agree that due to modern devices there can be a chance of tampering or to cause changes in the Audio and Video Cassettes because there are some specialist persons who can provide the voice of another person easily. But here in the instant, the comparison shows that each and every word uttered in the Audio Cassette or in the Video Cassettes, as mentioned above, are that of Yousaf, accused, and even there is no doubt about his photography. If the cross-examination on PW-3 Muhammad Ismail Shujaabadi is perused, it would look that he was suggested that there is tampering and changes in Audio and the Video Cassettes but the learned defence counsel failed to point out any tampering or any specific change, which could he put to the witness. If such general suggestion was to be given, then the learned defence counsel should have pointed out the portions where the Audio and Video Cassettes were tampered. The accused was provided Audio and the Video Cassettes but despite this, learned defence counsel failed to point out the nature of changes. Therefore, the Audio and the Video Cassettes, even the Video Cassette produced by the accused, are treated to be admissible in eyidence.
49. Here it may be discussed as to what is the value and importance of the Audio and the Video Cassettes, as mentioned above. These documents have been seen by the court. These documents have been seen by the Advocates from both the side’s. These documents have been seen by .the prosecution witnesses” including the complainant (PW-3) and,the Investigating Officers. If Audio Cassette & Video Cassettes and their transcripts are heard or seen, it would look that Yousaf, accused, has delivered the speeches or uttered the words which clearly defiled the Name of Holy Prophet (Peace Be Upon Him) those of ‘Ahle Bayat’ and ‘Sahab-e-Karam’. Even he used insulting language about Holy Quran. For example, the transcript Exh.P-10 of Audio Cassette P-l shows that he declared ‘Abdul Wahid’ and ‘Zaid Zaman’ as ‘Sahabi-e-Rasool’ (Peace Be Upon Him), the audience atleast 100 in numbers as ‘Sahabi-e-Rasool (Peace Be Upon Him), compared mosque ‘Baitul Raza’ as ‘Ghar-e-Hira, translations of Holy Quran as defective and incorrect; that when Muhammd (Peace Be Upon Him) is resemblance, then he is called ‘Rasool’ and that if you convince Rasool Allah (Peace Be Upon Him), then Allah Almighty would be convinced and if resemblance is with you, you are required to convince him. Meaning thereby, he posed himself to be Holy Prophet (Peace Be Upon Him) and his audience as ‘Sahabi-e-Rasool’. Even this transcript shows that he showed his daughter as ‘Fatima’ with double meaning, he also declared Muhammad AH Abubakar as ‘Shahabi’ and a minor child namely ‘Salman’ aged about two and a half years, to have seen Allah Almighty with open eyes, who is a grand-son of Abdul Wahid, ‘Sahabi-e-Rasool’ (Peace Be Upon Him). He further declared that “date of birth of Holy Prophet (Peace Be Upon Him) is not 12th Rabiul Awwal but it is 9th Rabiul Awwal, whereas relating to this fact, his statement on oath was fluctuating, and if transcripts P-10 and P-l 1 ware perused, and the Video Films are seen, it would look that he uttered the words which are in violation of various provisions of Sections of the Pakistan Pe’anal Code i.e., 295-C, 295-A, 298, 298-A. Eevn he opposed the provisions of Section 295-C by ridiculously saying that if the case of ‘Toheen-e-Risalat’ is to be registered, it should be registeed with the permission of Holy Prophet (Peace Be Upon Him) and at one stage he stated that he is the ‘mirror’ of the Holy Prophet (Peace Be Upon Him) while the reflector is some one else. These facts can be examined from the Video Cassette provided by himself and he went to this extent that at one stage he stated that some ‘Ayaat’ of Holy Quran are mischievous and this fact can be seen in the transcript P-ll of Video Cassette P-2. So these documents clearly established the commission of the offences, as mentioned above by Yousaf, accused,.
50. Now there is need to discuss the oral evidence on the record alongwith the relevnt documents if any and that the objections raised by the learned defence counsel, if any.
51. Dr. Mohammad Aslam (PW-1) while making the statement about his intimacy with Yousaf, accused, stated further that in the year 1995 Yousaf, accused, by having meeting with him in the house of Abdul Wahid after Maghrib Prayer asked as to what sacrifice he could give in lieu of reality but he was reluctant and Yousaf, accused, asked him to pay rupees two lac but he replied that he cannot make any such arrangements and then in the end of 1995 Yousaf, accused, directed him to act upon what he likes and thereafter he promised to make arrangements and in the months of December, 1995 he informed to Yousaf, accused, to have made the arrangements for rupees two lac, on which Yousaf, accused, came in his house and he paid the above mentioned amount; that on the coming Friday, Yousaf, accused, alongwith his ‘Murids’ attended the ‘Jumma’ prayer in the mosque situated in Askari Apartment and after ‘Jumma’ prayer Yousaf, accused, alongwith his . companion came in his house where after a while Yousaf, accused, stated to provide the reality and thereafter while standing Yousaf, accused, stated ‘Anna Muhammad’, on which he was surprised because no body can claim to be ‘Muhammad’ (Peace Be Upon Him) who is in Madina and he took this impression that as if he is claiming for himself as ‘Muhammad’ (Peace Be Upon Him) and he was still in this state of affair; that the companions of Yousaf, accused, put garlands in his neck and when the meeting was over Yousaf, accused, his companions went away and after his departure he perferred to continue meetings with Yousaf, accused, and then after couple of months while being present alongwith Commodore (Rtd.) Yousaf Siddique in the house of Abdul Wahid, a question was put by Yousaf Siddique to Yousaf, accused, that from Hazrat Adam Alahe Salam and thereafter you had been appearing as Prophet in different times and you also appeared 1400 years back and thereafter you came as Saints. ‘Olia’ and what is the difference / dignity of 1400 years back and now and which was more dignified / glorified and in return. Yousaf, accused, replied that the period 1400 years back was glorious but the glory now is unprecedented as it was duty at that time but beauty now.
52. So it is obvious that Yousaf, accused, in presence of this witness by claiming ‘Anna Muhammad’ for himself tried to resemble with the Holy Prophet (Peace Be Upon Him). He was cross-examined by the iearend defence counsel on various aspects. There is a lengthy cross-examination, even relating to a Book written by this witness but it would look that he has not put any specific suggestion relating to the part of his statement in the examination-in-chief which means that anything stated by this witness in the examination-in-chief has been admitted to be correct. At one stage this witness was suggested that Yousaf, accused, in the meetings expressed his deep love and affection for the Holy Prophet (Peace Be Upon Him) but he denied this suggestion and stated that Yousaf showed his love for another instead of Holy Prophet (Peace Be Upon Him) or Muhammad-e-Arbi’ (Peace Be Upon Him). He was suggested to have desposed due to personal enmity but the nature of enmity was not suggested to him and at this stage this witness explained that Yousaf, accused, was sitting on the Chair and he stood up and said ‘Anna Muhammad’ and justified the way he declared to be ‘Anna Muhammad’. This was the stage where learned defence counsel should have suggested that Yousaf, accused, did not claim for himself as ‘Anna Muhammad’. So in absence of suggestion it is established that Yousaf, accused, in presence of this witness claimed himself to be the Holy Prophet (Peace Be Upon Him).
53. Mohammad Akram Rana (PW-2) also resident of Karachi, deposed that Yousaf, accused, stated in a meeting in the house of Abdul Wahid that the Holy Prophet (Peace Be Upon Him) is present in the world today in the form of a human being and also amongst us and upon a question asked by some one in the house of Abdul Wahid, that our Holy Prophet (Peace Be Upon Him) lived very simple life, on which Yousaf, accused, replied that 1400 years back the tradition was old and now the tradition is modern and that glamour / pomp and show is the need of the day. Yousaf, accused, further stated that if some one can see, he may see and if some can identify, he may identify the Holy Prophet (Peace Be Upon Him) to be present amongst them, and in the next meeting about the question of writing ‘Tafseer’ or ‘Tafheem’ of Holy Quran. Yousaf, accused, demanded price of that and he promised to pay an amount of rupees one lac for obtaining the book and thereafter he was receiving the messages for making the payment and when the payment was not made, Yousaf, accused, shortened his demand from one lac to rupees fifty thousand and when he had to proceed for ‘Haj’ he paid rupees twenty five thousand to Yousaf, accused, on which he said that he has come very close to Allah Almighty, so he disclosed a reality in his presence and at that moment many other people were present in, the meeting held in the house of Abdul Wahid but Yousaf, accused, carried him to another connected room while leaving the intervening door as open and he asked him to close his eyes, on which he closed his eyes, whereafter he (accused) asked him to recite ‘Darood Sharif, on which he recited ‘Darood Sharif and then he asked to open the eyes and inquired from him as to whether he has seen anything, on which he said that he has not seen any thing but Yousaf, accused, embraced him and said ‘Bismillah’ that he was Muhammad Mustafa and Yousaf, accused, further said that he has concealed this reality and he is also supposed to “conceal this reality and this is the ‘Tafheem-e-Quran’, ‘Tafseer-e-Quran’ and ‘Zinda Quran’ and also ‘Noor-e-Quran’, and on hearing so, he felt that he was hypnotised by the words and dialogue spoken by Yousaf, accused, on which he has come out from this dilemma and thereafter he consulted with the Ulma to whom he narrated the above statement, on which the Ulma informed him that the person concerned is liable to be murdered.
54. This witness was also cross-examined at length by the learned defence counsel. Even the enmity was put to him in this way that he called ‘Mrs Tayyaba Yousaf Ali’ wife of the accused on 02.2.1997 from Karachi to Lahore on telephone and that not only simply talked on telephone with wife of Yousaf, accused, but he also attempted twice to abduct the daughter of Yousaf, accused, however, he denied the suggestion that he also stated that it was some spiritual power, which failed his design. Even in cross-examination, the references of this witness with his son-in-law were also put but despite all these efforts, the testimony of this witness could not be shakan and the part of his statement as examination-in-chief could not be shattered. Even the1 speech of Yousaf, accused, in ‘Urdu’, the detail of which is provided as above, the entire statement would reveal that he had contacts with Yousaf, accused, and Yousaf, accused, by exploiting the religious feelings of a ‘Muslim’ looted him and perhaps when there was the demand of return, he flared up. The cross-examination on this witness would reveal that a very sensitive question was put to this witness, which was in this way that if some one throws (Q) the Holy Book of Quran on the ground, then what he could do, whereupon he replied that he would take up the Holy Book of Quran he would kiss the Holy Book of Quran. While putting this question the learned defence counsel used the word ‘Pattakh’ (q) and it was not his own word but his word was conveyed by Yousaf, accused, to his counsel. So after examining the entire evidence of this witness, it is also established that Yousaf, accused, posed himself to be the Holy Prophet (Peace Be Upon Him) in presence of this witness.
55. Muhammad Ismail Shujaabadi (PW-3) is the complainant of this case. He is not an eye witness to any incident dated 28.2.1997 reported in the application Exh.PC. He infact is representative of a Religious Party, who stepped forward to pursue this matter, which was burning the feelings of Muslim Society all over the country. He produced Audio and Video Cassettes before the police. He was cross-examined at length by the learned defence counsel and while cross-examining him he was suggested that many changes have been caused in the Audio Cassette & Video Cassettes as well but he denied this suggestion or that the rebuttal of Yousaf, accused, was discussed. The cross-examination in detail on him would show that he was invited as spectator of the Audio and the Video Cassettes otherwise he had simply produced these documents and when he replied that he had seen and heard the Video and Audio ussettes, then the value and importance of his statement increased to such an extent that he also heard the objectionable portions of the speeches of Yousaf, accused, including his sermqn dated 28.2.1997 delivered in mosque ‘Baitul Raza’. So after such type of cross-examination, it cannot be argued that he is not an eye witness. Infact his statement confirms each word spoken in the Audio and the Video Cassettes and those of the transcripts. So his statement having the status of eye witness established this fact that the accused committed the offences, as mentioned above.
56. Hafiz Muhammad Mumtaz Awan (PW-4) is a witness, who on 28,2.1997 attended the ‘Jumma’ prayer in mosque ‘Baitul Raza and Yousaf, accused, delivered his speech prior to ‘Khutba Jumma’, which amounted to defiling the name of Holy Prophet (Peace Be Upon Him). He declared 100 persons present in the mosque as ‘Sahabi-e-Rasool’ and he introduced two pesons namely Abdul Wahid and Zaid Zaman as ‘Sahabi’ and he introduced himself as Holy Prophet • (Peace Be Upon Him) and this witness provided the Audio and Video Cassettes to Muhammad Ismail Shujaabadi (PW-3) and stated that he had heard the Audio Cassette and seen the Video Cassette and those were that of Yousaf,. accused. This witness also faced lengthy cross-examination, who stated that no one from the audience raised objection on speech of Yousaf, accused, and he volunteered that most of them were ‘Murids’ of Yousaf, accused. And if cross-examination is perused, it would look that this witness is not inimical towards accused and whatsoever he stated, it established this fact that Yousaf, accused, defiled the sacred name of Holy Prophet (Peace Be Upon Him), declared the audience as ‘Shahabi-e-Rasool and two persons as ‘Sahabi’, which being insulting towards the religious feelings of the Muslims are condemable.
57. Mian Mohammad Awais (PW-5) also attended the ‘Jumma’ prayer in the mosque ‘Baitul Raza’ alongwith Mumtaz Awan (PW-4) on 28.2.1997. His statement is same on the line of Hafiz Mumtaz Awan (PW-4). He also faced the test of cross-examination but his statement could not be shattered. So his statement proves the commission of offences by accused Yousaf in mosque ‘Baitul Raza’ on 28.2.1997 by delivering highly objectionable speeches, which injured the religious feelings of the Mulsims.
58. Athar Iqbal (PW-6) produced the Video Cassette (P-5) before the police and he claimed to have seen the Video Cassette. He also faced the test of cross-examination but his testimony remained un-shattered. The Video Cassette (P-5) has been proved to be that of Yousaf, accused, word-by-word without any change, therefore, the statement of this witness is worth reliance.
59. Now the statement of Mohammad AH Abubakar (PW-7) is worth examination. The detail of his statement has already been discussed above. But for discussion, it may be mentioned here in this way that Yousaf, accused, told him that so long he sees the Holy Prophet (Peace Be Upon Him) he shall not die and directed him to recite ‘Darood Sharif in abundance, thereafter in a meeting in the house of Abdul Wahid. Yousaf, accused, called him as ‘Abubakar Siddique’ and that Yousaf, accused, came to his house at the time when he was going to perform ‘Umra’, Yousaf, accused, came there and said that there is no need to perform ‘Umra’ and he can arrange ‘Umra’ here arid Yousaf, accused, said that ‘Makan’ is there but the ‘Makeen’ is here. Anyhow he went to perform ‘Umra’ and when he came back, Yousaf, accused, started talking with him about the Holy Prophet (Peace Be Upon Him) and Yousaf asked him as to what could be the top-most-surrender on his part for him, on which he replied that whatsoever is desired by him, then Yousaf, accused, asked him to arrange a room in his house and to decorate the same and when he decorated the room Yousaf, accused, came to Karachi from Lahore and likeo the room and said that it is ‘Ghar-e-Hira’ and thereafter whenever Yousaf came to Karachi, he resided in the said room and in one meeting, Yousaf, accused, asked him to close his eyes and asked to recite ‘Darood Sharif and when he asked to open the eyes and w^hen he opened his eyes, Yousai, accused, all of a sudden took him in his Jhappa’ and said that he is the ‘Muhammad’ (Peace Be Upon Him), on which he started weeping but Yousaf, accused, kept him in his ‘Jhappa’ and when he was released from ‘Jhappa’ he was feeling shivering and he was sweating and could not understand as to what has happened to him but thereafter he came out of the room and the followers of Yousaf, accused, were sitting outside the room and they congratulated him on his physical meeting with the Holy Prophet (Peace Be Upon Him) as Yousaf, accused, had been talking in a meeting with the Holy Prophet (Peace Be Upon Him) and thereafter on pretext of purchasing a house, Yousaf, accused, demanded an amount of rupees fifty lac, he paid to Yousaf, accused, in this way twenty four lac through Banks and rest of the amount was arranged from the friends. He produced some documents with regard to payments made by him, the purchase of Air-Conditioner, Carpet and convertion of dolars into Pakistan Currency for making the payment to Yousaf, accused. This witness also brought the diary of Yousaf, accused, which consisted of P-8(l-l 16) and while handing over this diary, Yousaf, accused, said that after reading this diary he would rely on Yousaf, accused, and that when once he attended a ‘Mehfil of Naat Khawani’ Yousaf, accused, said that the person for whom he was going to attend the ‘Naat’ was sittinig there for whom else he was going to attend the ‘Majlis of Naat Khawani’. It looked in each ‘Mehfil that Yousaf, accused, was posinig himself ‘Muhammad’ in such a way as if he was claiming to be the Holy Prophet (Peace Be Upon Him) and thereafter Yousaf, accused, called the meeting of the World Assmebly in the mosque ‘Baitul Raza’, and he received Invitation Card Mark ‘H’ from the Administration of Magazine known as ‘Takbeer’ and when he attended the Assembly in the mosque ‘Baitul Raza’; on 28.2.1997, where Audio and Video Cassettes were prepared, Yousaf, accused, introduced his 100 ‘Sahabi’ in attendance in the mosque, he introduced Abdul Wahid and Zaid Zaman as his ‘Sahabi’ and they also delivered there speeches to some extent and while delivering the speech Yousaf, accused, explained as to why he selected mosque ‘Baitul Raza’ for the World Assembly and why he did not select ‘Masjid-e-Nabwi’ and why not ‘Masjid-e-Haraam’ and he selected the mosque ‘Baitul Raza’ and he explained that it was happening in the same manner as ‘Ghar-e-Hira’ was selected by Allah Almighty. Yousaf, accused, stated that some Surat, some Ayat, even Quran is present here and further said that Hazoor (Peace Be Upon Him) is not on duty but it is his ‘Atta’ that a ‘Rasool’ is addressing you and thereafter Yousaf, accused, got .himself introduced and said that if the Holy Prophet (Peace Be Upon Him) accepted the service of any body he was Abubakar and his name is ‘Mohammad . Alji Abubakar’ and when he was sitting in third or fourth row, he was brought therefrom and introduced in the assembly while bringing him near the pulpit in the way that he served Yousaf, accused, and first he was ‘Abubakar’ and now he was ‘Mohammad AH Abubakar and when he was called as ‘Abubakar, it meant that I was ‘Sahabi, however, after attending the marriage, he came back to Karachi and he consulted the Ulma. This witness also faced lengthy cross-examination on different aspects including the payment of money and the diary P-8(1-116). If cross-examination on him is perused carefully it would look that nothing could be brought out except that one FIR of embezzlement was recorded against him by the firm where he was working. Mere recording of one FIR, which is without trial and without consequence carries no importance to shake the testimony of a witness. [Editor’s Note: Zaid Hamid in his article written in DAILY DAWN claimed that one of the witnesses was on bail on fraud charges. That was not the case, he only had an FIR recorded in his name. Can someone be termed guilty just on the basis of an FIR ? The judge clearly mentions that no one can be termed guilty on a mere FIR.] So far as the diary as mentioned above in concerned, it is not the case of prosecution that it was written by the accused. So any objection on this diary was baseless. The purpose of producing this diary was to show the tendency of the accused and to convince his followers to believe that he is Holy Prophet (Peace Be Upon Him) and in my view to reflect on this object of
Yousaf, accused, oral statement of Mohammad Ali Abubakar, Video and Audio Cassettes are sufficient. This witness is not proved to be inimical towards the-accused. So his statement shall be relied.
60. Mian Ghaffar Ahmed (PW-9) is a witness of recovery memo (Exh.PD) as a consequence of which diary (P-3/1-22)) Audio Cassette (P-l) and Video Cassette (P-5) were taken into possession by Riaz Ahmed, S.I. He had further joined the investigation of this case 2nd his’being Resident Editor collected material out of ‘Takbeer’ Magazine against Yousaf, accused, to had claimed to be ‘Anna Mohammad (Peace Be Upon Him) which means that he was ‘Muhammad’ (Peace Be Upon Him)and he came to know out of ‘Takbeer’ Magazine that Yousaf, accused, is claiming himself as ‘Prophet’; as a consequence of which he contacted Yousaf, accused, on telephone on 21.3.1997 and he met Yousaf, accused, in his house on 22.3.1997 and prior to meeting he had seen the Video Cassette and also heard the Audio Cassette and gone through, the pages of the diary. He stated that Yousaf, accused, stated, during conversation, that he has been awarded ‘Khilafat-e-Uzma from Allah Almighty and he asked to elaborate the word ‘Khilafat-e-Uzma, Yousaf, accused, inquired about his education and he replied that he has obtained Master Degree in Mass-Communication, on which he said that this is worldly education and he should inform about religious education, on which he said that he has read the Holy Quran, on which he explained the meaning of word ‘Khilafat-e-Uzma’ and said that first of all ‘Khilafat-e-Uzma’ was awarded to Hazrat Adam Alhe Salam, then it continued to all the Propehts and then went to Holy Prophet (Peace Be Upon Him) and this sequence is in continuation and now ‘Khilafat-e-Uzma’ is with him awarded by Allah Almighty. This witness came to know that Yousaf, accused, had graded some ladies belonging to Lahore and Karachi as ‘Azdwaj-e-Mutahrat’ and when he inquired about this fact, Yousaf, accused, stated that he is not sexually fit and when he was awarded ‘Khilafat-e-Uzma’ the element of sex in him was finished and when this power was finished he was about 41 and Yousaf, accused, further told that this happened on 9th of Rabiul Awwal and told that his date of birth is also that of 9th Rabiul Awwal; that he was awarded with ‘Khilafat-e-Uzma’ and when he repeated his questions about ‘Azdwaj-e-Mutahrrat’ he brought a book title of which was ‘Mard-e-Kamil’, but he demanded the direct answer of his question and he replied that he never met to these ladies, however, those ladies might have met him and he did not negate them: therefore, they are correct in their own version and I am correct in my own version and when I required some explanation, he stated that Allah Almighty appears in the world in the shape of such like noble persons and it is with the discretion of Allah Almighty that he comes in the world in the face of Hazrat Datta Ganj Bakhsh or in the shape of Hazrat Baba Farid Shakar Ganj or in the shape of Holy Prophet (Peace Be Upon Him) or in the shape of himself and when this conversation was in between this witness and Yousaf, accused, he had been publishing this conversation in daily ‘Khabrain’, Lahore and he told this fact to the police in his statement. The perusal of statement of this wntiess would show that his statement finds corroboration from the document Exh.DL brought on the record by the accused himself, wherein he claims to have been awarded ‘Khilafat-e-Uzma’ to him by the Holy Prophet (Peace Be Upon Him). So in this situation, there remains nothing to discuss the cross-examination on this witness. The entire statement of this witness, as discussed above, or the witnesses in detail, as reproduced earlier, is worth reliance and it established this fact that the accused posed for himself, which he could not as being a layman.
61. Waqar-ul-Hassan is (PW-10) SI, who was given Audio Cassette for dictation and after hearing the Audio Cassette twice, he took the rough notes and after preparing the second print of the dictation he handed over the same to Riaz Ahmed, S.I. This witness was also cross-examined by the learned defence counsel. But it should be mentioned here that since after comparison the Audio Cassette has been proved to be that of Yousaf, accused, then it makes no difference if after dictation the Cassette was returned as unsealed or that the order of the court was not obtained because at that moment this case was at the stage of investigation. This witness was re-examined by the learned District Attorney and at this moment he stated that he was asked for dictation of Video Cassette but he returned the Video Cassetto with these remarks that he is only expert in the dictation of Audio Cassette.
62. Muhammad Sarwar (PW-11) stated that he composed the Audio and Video Cassettes, brought by the police to him.
63. Sajid Munir Dar (PW-12) also stated that Yousaf, accused, offered him to have meeting with the Holy Prophet (Peace Be Upon Him) as so long he has meeting with the Holy Prophet (Peace Be Upon Him) he would not die. Moreover, in case of meeting all his sins shall be forgiven and that he shall not enter in the Hell and that he shall go in ‘Jannat’, as a consequence of which Yousaf, accused, asked him to hand over the golden chain and ring, which he gave to Yousaf, accused, and Yousaf, accused, invited him in his house on the next day and when he went to the house of Yousaf, accused, alongwith his friend Sohail Zia in the evening time. Yousaf, accused, had established a special ‘Hujra’ in his house where he took him alone while many other persons were sitting in the main Drawing Room and while being in the ‘Hujra’ Yousaf, accused, said that he was lucky as he was going to meet with the»Holy Prophet (Peace Be Upon Him) and thereafter he said that he was the ‘Muhammad’ and thereafter he embraced him. He stated that according to him ‘Muhammad’ means that he is the Holy Prophet (Peace Be Upon Him) and this claim was made by Yousaf, accused, and later on he came to know that many such incidents had happened with other people in Karachi, particularly with Rana Akram. If the statement of this witness is perused, it would look that he has no enmity with Yousaf, accused, and at the most it was suggested to him that he appeared as witness at the instance of Rana Akram (PW) but he was not suggested specifically on the statement which is against Yousaf, accused, and it tantamounts to admission of the facts deposed by this witness.
64. Riaz Ahmed, (PW-13) is Investigation Officer of this case. The investigation conducted by him has already been discussed above. During cross-examination, when he was having some claim about voice of Yousaf, accused, on the direction of learend defence counsel, this witness brought on record a portion of the speech of Yousaf, accused, which means that no.w this witness vfas not simply an Investigating Officer but also the spectator of the Audio Cassette and in this way his statement carries much importance. He was also cross-examined by the learned defence counsel but nothing could come out to disbelieve the prosecution version.
65. Similarly, Khushi Mohammad, S.I (PW-14) is the Investigating Officer of this case. The investigation conducted by him has already been discussed above. He also faced lengthy cross-examination but nothing could come out to shatter the prosecution case except that minor contradictions, which are not fatal for the prosecution case.
66. As a consequence of analyses of the oral as well as the documentary evidence of the prosecution, as discussed above, it is established that the prosecution has successfully proved its case against the accused.
67. Earlier by analyzing the statements of accused and some evidence the personality of the accusd was discussed. Now the question worth examination is that as to what is his defence version. His defence version is that he has not claimed as Prophet for him but have a claim of ‘Khilafat-e-Uzma’ awarded by the Holy Prophet (Peace Be Upon Him) through document Exh.DL, which he received 40 days earlier during the trial. The question for determination is that what is the evidence to believe that he has been actually awarded the ‘Khilafat-e-Uzma’. There is no such evidence on the record and infact this document further corroborates the statement of Mian Abdul Ghaffar (PW-9) before whom Yousaf, accused, also claimed to have ‘Khilafat-e-Uzma’ awarded by Allah Almighty. So his defence version is after thought and particularly after reading the Books, as mentioned above, so that his skin could be saved and infact it was another effort on his part to divert the attention of the general publlic.
68. Yousaf, accused, produced documents from Exh.DA to Exh.DJJJ except DXX (this document was not produced but inadvertently number was mentioned in the statement) but in my view these documents are not sufficient to negate the prosecution case because the allegation against the accused is that of defiling the §acred name of Holy Prophet (Peace Be Upon Him) for calling his followers as ‘Sahab-e-Rasool’, his family members as ‘Ahle Bayat’ and using insulting language about Holy Quran, making statements for having meeting of the general public with the Holy Prophet (Peace Be Upon Him) to assure the general public that if his order is not followed, the person may go to Hell and grabbing money from the prosecution witnesses by exploiting their religious feelings and that of criminal breach of trust. However, there is no convincing evidence on the allegation of zina. [Editor’s Note: Our sources know many such people on a personal level with whom Yusuf Kazab committed Zina. However, due to “Badnami”, these women never appeared in court – because had they appeared in court against Yusuf Kazab it would have become a public matter. And even after passage of decades any one could have gained access to this information via court proceedings. Due to this reason the prosecution never tried to press Zina charges.]
69. In view of discussion above, I have come to the conclusion that the prosecution has proved the charges against Yousaf, accused, under Sections 295-C, 295-A, 298, 298-A, 505 Part-II, 508, 420 and 406 PPC beyond any shadow of doubt. There is no question of taking any sort of lenient view because the accused is proved to be ‘KAFIR’ and ‘MURTAD’ or any sort of ‘Tauba’ in such affair cannot be entertained.
70. Therefore, Yousaf, accused, is convicted and sentenced as under:
i) U/S 295-C PPC
Convicted and sentenced to death and a fine Rs.50,000/- and in default thereof to undergo further imprisonment for six months. He shall be hanged by his neck till he is dead. The sentence of death is subject to confirmation of Hon’ble Lahore High Court, Lahore and a reference in this regard shall be sent immediately.
ii) U/S 295-A PPC
Convicted and sentenced to imprisonment for ten years R.I. and a fine of Rs. 50,000/- and in deafult thereof to further undergo imprisonment for six months.
iii) U/S 298 PPC
Convicted and sentenced to imprisonment for one year R.I and a fine of Rs. 10,000/- and in default thereof to further undergo imprisonment for one month.
iv) U/S 298-A PPC
Convicted and sentenced to imprisonment for three years R.I and a fine of Rs. 20,000/- and in default thereof to further undergo imprisonment for two months.
v) U/S 505(2) PPC
Convicted and sentenced to imprisonment for seven years R.I and a fine of Rs.30,000/- and
in default thereof to further undergo imprisonment for three months.
vi) U/S 420 PPC
Convicted and sentenced to imprisonment for seven years R.I and a fine of Rs.20,000/- and in default thereof to further undergo imprisonment for two months.
vii) U/S/406 PPC
Convicted and sentenced to imprisonment for seven years R.I and a fine of Rs.20,000/- and in default thereof to further undergo imprisonment for two months.
All the sentences, as mentioned above, shall run consecutively because in case of ‘MURTAD’ the court has got no circumstance for any sort of lenient view nor it is permitted in Islam. The accused shall not be given the benefit of Section 382-B Cr.P.C.
71. The case property, consisting of Audio & Video Cassettes, Diaries and the Video Cassette produced by the accused Mark ‘J’ shall be disposed of in accordance with rules after the decision of appeal or revision, if any.
72. Copy of this judgment shall be provided to the accused, free of costs, when he applies in this connection and he has been informed that he can file the appeal within seven days thereafter.
File shall be consigned to Record Room immediately after its completion.
ANNOUNCED SESSIONS JUDGE,