Abuse of Blasphemy Laws
Excerpts from Taiumur Malik's observations:
A division bench of the Lahore High Court, headed by Justice M Bilal Khan gave a landmark judgement in a recent case titled Maulvi Tahir Asim versus State. In a unique ruling, the judges acquitted the appellant accused of blasphemy after he recited the Kalma in open Court and denied the allegations levelled against him.
The complainant in this case had accused that Maulvi Tahir Asim, while delivering his speech to the Friday congregation had passed remarks which amounted to blasphemy. Maulvi Tahir Asim was thus booked under section 295-C of the Pakistan Penal Code (PPC). Despite pleading innocence, he was convicted and sentenced to death by the trial court.
The infamous Section 295-C reads as follows: “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 the Holy Prophet Mohammed (PBUH) shall be punished with death, or imprisonment for life, and shall also be liable to fine.”
Moreover, the Federal Shariat Court has strongly emphasised the grievous nature of the crime by prescribing ‘death and nothing else’ as the only suitable punishment.
In the climate of intolerance that prevails, and in view of threats and intimidation and the pressures brought on the judiciary, it has become nearly impossible to obtain a fair hearing in Pakistan for those charged under the blasphemy laws. In these circumstances, the lower judiciary has often been constrained to accuse and convict persons without proper study of the evidence placed before it.
[more HERE. thanks A]
A division bench of the Lahore High Court, headed by Justice M Bilal Khan gave a landmark judgement in a recent case titled Maulvi Tahir Asim versus State. In a unique ruling, the judges acquitted the appellant accused of blasphemy after he recited the Kalma in open Court and denied the allegations levelled against him.
The complainant in this case had accused that Maulvi Tahir Asim, while delivering his speech to the Friday congregation had passed remarks which amounted to blasphemy. Maulvi Tahir Asim was thus booked under section 295-C of the Pakistan Penal Code (PPC). Despite pleading innocence, he was convicted and sentenced to death by the trial court.
The infamous Section 295-C reads as follows: “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 the Holy Prophet Mohammed (PBUH) shall be punished with death, or imprisonment for life, and shall also be liable to fine.”
Moreover, the Federal Shariat Court has strongly emphasised the grievous nature of the crime by prescribing ‘death and nothing else’ as the only suitable punishment.
In the climate of intolerance that prevails, and in view of threats and intimidation and the pressures brought on the judiciary, it has become nearly impossible to obtain a fair hearing in Pakistan for those charged under the blasphemy laws. In these circumstances, the lower judiciary has often been constrained to accuse and convict persons without proper study of the evidence placed before it.
[more HERE. thanks A]
posted by temporal at 8/08/2008
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