Supreme Court of Pakistan in a land mark decision overturned blasphemy death sentence awarded to 47 year old Christian lady, Asia Bibi by the two lower courts. The three member bench headed by Chief Justice of Pakistan Mian Saqib Nisar announced the historical judgment today that was reserved on October 8, 2018 amid serious threats from right wing religious parties particularly Tehrik-e-Labaik Pakistan (TLP). A very articulated 56 page judgment written by Justice Asif Saeed Khosa seriously questions the negligence of police, prosecution and flawed judicial procedures adopted by the lower courts. The major reasons cited for the acquittal of Asia Bibi include needless delay in FIR, inconsistencies in witness testimonies, major reliance on Asia’s confession under police pressure and failure of lower judiciary to take into account the original circumstances of the allegations based on accused’s faith.
Asia Bibi, a poor farm worker was accused of defaming Prophet Muhammad (SAW) by two fellow Muslim ladies in a village of Nankana Sahib back in 2010 and a case was registered against her by the village Khateeb under the Blasphemy Act. She was awarded death sentence the same year by the trial court that was upheld by the Lahore High Court in 2014. Asia Bibi was the first lady in Pakistan who was awarded death punishment on blasphemy. However, it is pertinent to highlight that 62 persons have been put to death on account of blasphemy through mob justice without any court trial since 1990. This has really put a big question mark on the use of blasphemy laws in our society. In recent past, Mashal Khan a student of Wali Khan University, Mardan was murdered cold bloodedly in the campus by fellow students of a religious based party on account of blasphemy charges.
Asia Bibi
It must be kept in view that since the enactment of blasphemy law, there has been two major concerns: Firstly, the misuse of law by radical forces to settle personal scores against minorities and other is about the capacity and inability of lower court judges to acquit the accused persons for the fear of their own lives. Despite continuous demand of minorities and human rights groups, the successive governments in Pakistan did not dare to move an inch in view of the extreme pressure from the right wing religious parties.
The historical decision in Asia Bibi case has provided the minorities in Pakistan a ray of hope and set precedence against the misuse of laws by few misdirected people. Now, it is incumbent upon the government to take stock of the situation being emerged out of the open threats to the honorable judges of the Supreme Court by TLP leadership. It is about time that the Prime Minister of Pakistan must come forward and take the whole political leadership on board to bring prudent changes in the said law to avert any misuse in the name of blasphemy in future. The rule of law must prevail in the country and Pakistan must not succumb to the threats of extreme forces like TLP. The PTI led government must exert itself against the intolerant forces and should not become hostage to religious clergy. It is time to act against those who try to take law into their hands without any discrimination before it is too late.
