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IN THE ISLAMBAD HIGH COURT, ISLAMBAD

W.P No. __________/2018

Sher Afzal Khan Babar Advocate High Court Chamber No302, Shajjar Hamdani Block District
Courts F-8 Markaz Islamabad.

….PETITIONER
VERSUS
1. The State Bank of Pakistan.
2. The Ministry of Finance.

…RESPONDENTS

WRIT PETITION UNDER ARTICLE 199 OF THE


CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN,
1973.
CLAIM IN WRIT PETITION:
To direct Federation of Pakistan Respondent, no 1 and the
legislature Respondent No 2 to remove the Portrait of Quaid e-
Azam Muhammad Ali Jinnah and to remove the Portrait of
Mausoleum of Hazrat Lal Shahbaz Qalandar and portrait of
Badshahi e Mosque from two rupees and portrait of Faisal mosque
from ten rupees besides removing the name “MUHAMMAD” and
“ALI” written in Urdu from the ONE Rupee Coin.

Respectfully Sheweth,

BRIEF FACTS:
1. That brief facts giving rise to the filling of this instant writ petition are submitted in
the ensuing paragraphs.
2. That a currency is a system of money in common use, especially in a nation, i.e. paper
money, Coin banknote etc.
3. That Pakistan coin is metal stamped and issued by the authority of the Government
of Pakistan in order to be used as money.
4. That a coin is a small, flat (usually). round piece of metal used as a medium of
exchange. They are standardized in weight, and produced in large quantities in order
to facilitate trade.
5. That currency the basic unit of exchange and the most dominant medium of
purchasing goods and services is the basis of any country.
6. That in Pakistan coins and paper money has been the two form of currencies since the
naissance of the economic structure of the country. Today they are divided into coins
of ONE, TWO, FIVE and TEN.
7. That distribution of Pakistan rupee was put into place after the formation of homeland
in 1947, utilized Indian currency with the stamp of Pakistan on them. The issuance of
new banknotes and coins took place in the year 1948.
8. That currently circulating coins’ specification table is Annex A.
9. That currently the coin of Rupees 1 which is circulated by Respondent Number 1 its
weight is 1.76-gram metal used is aluminum and its diameter is 20mm.The image is of
one-rupee coin is annex as Annexure B.
10. That on 1 Rupees coin there is a portrait of Quaid-e-Azam Muhammad Ali Jinnah,
facing left in the center “Islamic Republic of Pakistan” in Urdu is written at the right
side anti clockwise. Quaid-e-Azam Muhammad Ali Jinnah is written in Urdu.at the left
side anti clock wise. Date at the bottom. The front side Image of the said coin are
appended as Annex C.
11. That on Reverse side of 1 Rupees coin, portrait of Hazrat Lal Shahbaz Qalandar
Mausoleum sehwan Sharif which is located in jamshoro District of Sindh is made. The
reverse image of coin is appended as Annex D.
12. That it is very strange and disturbing that the coin whose value is only 1 Rupees there
are the portrait of Quaid-e-Azam and Portrait of the mausoleum both these portraits
are sacred for us as Pakistani as well as a Muslim.
13. That moreover there is the name which is written in Urdu as Urdu and Arabic have
almost same symbols, so the name “MUHAMMAD” and “ALI” are written as it is in
Arabic also.
14. That the name “MUHAMMAD “means praised many a times, praised repeatedly and
having nice characteristics, and it is the name of our Prophet Muhammad (peace be
upon him).
15. That it is mentioned in four places in the Holy Book of Quran. It is written as it is
written on the 1 Rupee coin.
16. That it is obligatory for every Muslim and it is our faith to give respect to our Prophet
MUHAMMAD (Peace be upon Him). Constitution of Pakistan says “WHEREIN THE
MUSLIM SHALL BE ENABLED TO ORDER THEIR LIVES IN THE INDIVIDUAL AND
COLLECTIVE SPHERES IN ACCORDANCE WITH THE TEACHINGS AND REQUIREMENTS
OF ISLAM, AS SET OUT IN THE HOLY QURAN AND SUNNAH” So in view of above the
Islamic republic of Pakistan should give respect to Quran and Sunnah in true spirit.
17. That the coin is misused and with the passage of time these coins get older which
spoils the coin and resultantly the name and portrait are also spoiled.
18. That the coin is misused by the public, children for example kids before playing cricket
toss the coin and the coin is tossed either one party of which select heads or tails and
on head of one rupee’s coin there is portrait of Quaid-e-Azam and also the two sacred
names are written there beside this on the backside there is the portrait of Hazrat Lal
Shahbaz Qalandar Mausoleum.
19. That it is pertinent to mention here that that the portrait and the name stamped on
the coin are sacred for Muslims and it is obligatory for every to give respect to the
name and holy places which are sacred in Islam.
20. That the misuse of coin by the public as it worth only one rupee, because of this the
coin of one rupee is misused for example using for toss, throwing it etc. which
resultantly disrespect the name “HAZRAT MUHAMMAD” (PEACE BE UPON HIM) AND
HAZRAT ALI and similarly the portrait of Quaid-e-Azam and Mausoleum.
21. That Article 295 of P.P.C says “WHOEVER DESTROYS, DAMAGES, OR DEFILES ANY
PLACE OF WORSHIP, OR ANY OBJECT HELD SACRED BY ANY CLASS OF PERSONS WITH
THE INTENTION OF THEREBY INSULTING TH RELIGION OF ANY CLASS OF PERSONS OR
WITH THE KNOWLEDGE THAT ANY CLASS OF PERSONS IS LIKELY TO CONSIDER SUCH
DESTRUCTION, DAMAGE OR DEFILEMENT AS AN INSULT TO THEIR RELIGION, SHALL
BE PUNISHED WITH IMPRISONMENT OF EITHER DESCRIPTION FOR TERM WHICH MAY
EXTENT TO TWO YEARS, OR WITH FINE OR WITH BOTH”.
22. That according to section 295, the wordage written says “Whoever destroys, damages
or defiles.” Meaning of defile in English is to spoil something or someone so that the
thing or person is less beautiful or pure” (According to the Cambridge dictionary) Thus
in view of the article 295 the portrait of Hazrat Lal Shahbaz Qalandar should be
removed from coin of one rupee and from the coin of two rupees there is the portrait
of Badshahi Mosque similarly from the ten rupees’ coin portrait of Faisal mosque
should be removed.
23. That article 295-C P.P.C says “WHOEVER BY WORDS, EITHER SPOKEN OR WRITTEN OR
BY VISIBLE REPRESENTATION OR BY ANY IMPUTATION INNUENDO OR INSINUATION
DIRECTLY OR INDIRECTLY DEFILE THE SACRED NAME OF THE HOLY PROPHET
MUHAMMAD (PEASCE BE UPON HIM) SHALL BE PUNISHED WITH DEATH OR
IMPRISONMENT FOR LIFE AND SHALL ALSO BE LIABLE TO FINE.” The name of sacred
name Holy Prophet Muhammad (peace be upon him) should be removed from the
one-rupee coin as it clearly says “directly or indirectly defiles the Sacred name.”
24. That article 298-A of P.P.C says “WHOEVER BY WORDS, EITHER SPOKEN OR WRITTEN
OR BY VISIBLE REPRESENTATION OR BY ANY IMPUTATION INNUENDO OR
INSINUATION DIRECTLY OR INDIRECTLY DEFILES THE SACRED NAME OF ANY WIFE
(UMMUL MOMINEEN)”OR MEMBERS OF THE FAMILY (AHLE-BAIT), OF THE HOLY
PROPHET (PEACE BE UPON HIM), OR ANY OF THE RIGHTEOUS CALIPHS (KHULAFA-E-
RASHIDEEN) OR COMPANIONS (SAHAABA) OF THE HOLY PROPHET (PEACE BE UPON
HIM) SHALL BE PUNISHED WITH IMPRISONMENT OF EITHER DESCRIPTION FOR A
TERM WHICH MAY EXTEND TO THREE YEARS, OR WITH FINE, OR WITH BOTH.”
25. That according to article 298-A The wordage written clearly says WHOEVER BY
WORDS, EITHER SPOKEN OR WRITTEN OR BY VISIBLE REPRESENTATION OR BY ANY
IMPUTATION INNUENDO OR INSINUATION DIRECTLY OR INDIRECTLY DEFILES THE
SACRED NAME OF ANY WIFE (UMMUL MOMINEEN)” OR MEMBERS OF THE FAMILY
(AHLE-BAIT), OF THE HOLY PROPHET (PEACE BE UPON HIM), OR ANY OF THE
RIGHTEOUS CALIPHS (KHULAFA-E-RASHIDEEN) OR COMPANIONS (SAHAABA) OF THE
HOLY PROPHET (PEACE BE UPON HIM) SHALL BE PUNISHED. So in view of the above
article the sacred name should be removed from the one-rupee coin.

GROUNDS:
1. That the portraits on the coins and the names “MUHAMMAD” and “ALI” being
sacred for the nation must be removed from the coins.
2. That the Portraits of mosques and mausoleum as sacred for the Muslims should
be removed from the coins.
3. That the Petitioner has no other alternate remedy for settlement of agitation in
his mind regarding this issue.

In the above circumstances, it is therefore, respectfully prayed that direction may be


given to Federation of Pakistan Respondent No. 1 and Respondent no 2 to remove the sacred
portrait of Quaid-e-Azam and portrait of mosques and mausoleum from one rupees , Two rupees
and Ten rupees coins should be removed and the names written on one rupee coin MUHAMMAD
and ALI should be removed.

SHER AFZAL KHAN BABAR


Advocate High Court
CC. No. 2900

CERTIFICATE
It is certificated that no other writ petition
has ever been moved in this Honourable
Court on the above-mentioned subject.

Counsel

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