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versus


Section 145, however, that no action can be taken in connection with a mosque under which the Special Court has been appealed to consider this question.

1968 S C M R 1402

Present : Fazle‑Akbar, C. J. and Sajjad Ahmad, J

ANJUMAN‑I‑INTEZAMIA COMMITTEE, JAMIA MASJID AHLE‑HADEES, LYALLPUR AND ANOTHER‑Petitioners

versus

THE STATE AND ANOTHER‑Respondents

Petition for Special Leave to Appeal No. 82 of 1968, decided on 25th June 1968.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 15th January 1968, in Criminal Revision No. 1223 of 1967).

Criminal Procedure Code (V of 1898)-----

---

S. 145‑Whether no proceeding under section can be taken in respect of a mosque Special Leave to Appeal granted by Supreme Court to consider question.

Maqbool Ahmad Bata and Kh. Shaukat Ali, Advocates Supreme Court instructed by Ch. Khalilur Rehman, Attorney for Petitioners.

Nemo for the State.

M. B. Zaman, Senior Advocate Supreme Court (Bashir Zafar, Advocate Supreme Court with him) instructed by Fazal‑i‑Hussain, Attorney for Respondent No. 2.

Date of hearing : 25th June 1968.

ORDER

FAZLE‑AKBAR, C. J.

‑It was contended inter alia that the learned Single Judge of the High Court erred in holding that no proceedings under section 145 of the Criminal Procedure Code can be taken with respect to a mosque.

As the question raised is of general public importance, we grant leave to appeal to consider the above as well as the other points raised in this petition. Security‑Rs. 1000. Prayer for stay is refused.

Leave granted.

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