LAHORE: The Lahore High Court observed that a person of “unsound mind” who is incapable of assisting in his own defence cannot be tried and ordered to quash the FIR registered against the petitioner Nasrulllah Khan at Police Station Saddar, Mianwali.
The court said the petitioner has been booked under section 295-A PPC. The facts mentioned in FIR and the evidence gathered by the police during the investigation does not constitute an offence under that provision, the court added.
The petitioner was facing prosecution for claiming that he can fly and for having frequent dreams in which he sees Almighty and some holy figures.
The court held that a person cannot be prosecuted for what he sees in his dreams or for sharing his thoughts, visions, or emotions during those times with others.
The court observed that the offence under section 295-A PPC is not made out. There is no allegation that the petitioner did anything to offend any group of people or insult their religion or religious beliefs.
The court also held that the law in Pakistan protects people with mental illnesses or impairments and held, “It is the duty of an investigating officer to find out the truth of the matter under investigation. His object shall be to discover the actual facts of the case and to arrest the real offender or offenders. He shall not commit himself prematurely to any view of the facts for or against any person.”
The court before concluding observed that it frequently happens that those accused of blasphemy have a mental condition.
The court said when a police officer investigates an offence, particularly one under Chapter XV of the Penal Code, he should determine whether the accused is of sound mind.
Copyright Business Recorder, 2022
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