Pakistan’s Supreme Court on Wednesday October 31, acquitted Asia Bibi, a Christian woman condemned to death on blasphemy charges, after accepting her appeal against her sentence. Asia Bibi, a Christian mother of five, was on death row since 2010. She was accused of committing blasphemy in 2009. A trial court had found her guilty of the crime and awarded her the death sentence.
The Lahore High Court (LHC) upheld the sentence earlier. The lawyers of Asia Bibi approached the Supreme Court as a last resort, seeking repeal of her sentence. A three-judge bench headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar, Justice Asif Saeed Khosa and Justice Mazhar Alam Khan Miankhel had reserved its ruling on Asia Bibi's final legal appeal against execution (Asia Bibi v. The State, etc) on October 8.
The decision to take stringent security measures in the capital was made after a number of meetings held to thrash out a strategy to deal with any unforeseen situation after the verdict. On Oct 13, the Tehreek-i-Labbaik Pakistan, a religio-political party headed by Khadim Hussain Rizvi, threatened to “paralyse the country within hours if the Supreme Court sets Asia Bibi free”.
Allegations
Asia Bibi was convicted for blasphemy under section 295-C of the Pakistan Penal Code for allegedly defaming Prophet Muhammad (PBUH). The offence carries mandatory death penalty under Pakistani law. The allegations against Asia Bibi are that she made three “defamatory and sarcastic” statements about the Prophet (PBUH) on June 14, 2009, during an argument with three Muslim women while the four of them were picking fruit in a field.
The prosecution also claimed that Asia Bibi “admitted” making these statements at a “public gathering” on June 19, 2009 and asked for forgiveness. A trial court convicted Asia Bibi for blasphemy in November 2010 and sentenced her to death. The Lahore High Court (LHC) upheld her conviction and confirmed her death sentence in October 2014. The Supreme Court (SC) admitted her appeal in July 2015. The first hearing of the appeal before the SC was scheduled to take place on October 13, 2016.
The Testimonial
The prosecution presented seven witnesses to support the allegations of blasphemy against Asia Bibi. Two eyewitnesses, Mafia Bibi and Asma Bibi, claimed they heard Asia Bibi make the allegedly blasphemous remarks, and later “admit” to making the statements during a “public gathering” a few days later. Other witnesses included the complainant Qari Muhammad Salaam, a local cleric, who claimed he heard about the alleged blasphemous statements from Mafia and Asma and got a criminal complaint for blasphemy registered with the police; three police officers who registered and investigated the case; and a local resident, Muhammad Afzal, who alleged he heard Asia Bibi admit to making “blasphemous remarks” and seek pardon at the “public gathering”.
Reaction
Within hours of verdict, the protests were large enough that government officials in the cities were urging people to stay inside and avoid adding to the chaos. Demonstrators blocked a motorway in Lahore and a road linking Islamabad and Rawalpindi has been closed off. Angry workers from the TLP have also staged sit-ins and chanted slogans against Pakistan officials and judges. Hafiz Saeed, a radical cleric wanted by the United States, urged followers to hold rallies across Pakistan on Friday to condemn Bibi's release. Saeed is the founder of the outlawed Lashkar-e-Taiba group, which was the arch conspirator of the 2008 Mumbai attacks that killed 166 people. The Islamists also called for the killing of the three judges, including Chief Justice Mian Saqib Nisar, who acquitted Bibi. In an event cleric Afzal Qadri, with Rizvi by his side, urged a crowd of supporters outside the Punjab provincial parliament in the city of Lahore to revolt against army chief Gen. Qamar Javed Bajwa and overthrow Khan's government.
In response, police officials invoked Section 144 of the Criminal Procedure Code, which prevents the gathering of more than four people.
Blasphemy laws in Pakistan
Under the Pakistan penal code, the offense of blasphemy is punishable by death or life imprisonment. Widely criticized by international human rights groups, the law has been used disproportionately against minority religious groups in the country and to go after journalists critical of the Pakistani religious establishment.
The offences relating to religion were first codified by India's British rulers in 1860, and were expanded in 1927. Pakistan inherited these laws when it came into existence after the partition of India in 1947.During the reign of general Zia in 1980s Islamic influence in Pakistan grew, the law was expanded to include making derogatory remarks against Islamic personages an offence. Since 1987, a total of 633 Muslims, 494 Ahmedis, 187 Christians and 21 Hindus have been accused under various clauses of the blasphemy law, according to the National Commission for Justice and Peace (NCJP).
Some Pakistani politicians have made efforts to amend the blasphemy laws. In 2010, Sherry Reman of the Pakistan's People's Party (PPP) introduced a private bill with the intention of changing procedures of religious offences so that cases would be heard directly by the higher courts. The bill was withdrawn in 2011 following pressure from religious forces and some political opposition groups.
Taseer and Bhatti!
In 2011, senior politician and governor of Punjab, Salman Taseer was shot dead by his own bodyguard for voicing support for Asia Bibi and condemning the country's stringent blasphemy laws. His killer, Mumtaz Qadri, immediately surrendered to police and was later executed, becoming a martyr for many hardline Islamists.
At his funeral in 2016, thousands converged on the northern city of Rawalpindi as the Pakistani media was blacked out to prevent riots. Leaders of prominent Islamist political parties attended the funeral as supporters of Qadri carried signs in celebration of his "bravery." Qadri's grave, in the capital city of Islamabad, has since become a shrine for those supporting Asia Bibi's death sentence.
Shahbaz Bhatti, Pakistan's minister for minorities and a Christian leader, was also killed in 2011 after he demanded justice for Bibi.
Church’s stance
Outside of Pakistan, Asia Bibi's case has become a rallying call for many Christians, particularly Catholics. Catholic charity Aid to the Church in Need (ACN) led prayers for Asia Bibi's release last week in the UK, at a ceremony attended by her husband Ashiq Masih and daughter, Eisham Ashiq. The family met with Pope Francis at the Vatican in February, during which the Catholic leader reportedly described Asia Bibi as a "martyr," according to ACN President Alessandro Mondeduro. Pope Francis' predecessor, Pope Benedict XVI called for her release in 2010.
Government and opposition
Opposition leaders in the Pakistan’s National Assembly on Thursday criticised Prime Minister Imran Khan’s speech following the Supreme Court’s verdict in the Aasia Bibi case. The PM on Wednesday during his address warned against challenging the writ of the state, adding that action shall be taken against those who record protests or block roads and bring the country to a halt. Prime Minister Imran Khan issued a stark warning to religio-political groups that have been agitating against the Supreme Court verdict.
Chief Justice of Pakistan Mian Saqib Nisar asked how the court could punish someone if the charges against them could not be proven. He said "I and the bench [members] are all lovers of the Prophet (peace be upon him)," and "we are ready to sacrifice ourselves for the Prophet's (PBUH) honour. But we are not judges only for Muslims."
Condition of Christians in Pakistan
The majority of Pakistan's Christians are descended from low-caste Hindus who converted during the British Raj - partly to escape the caste system. Many provided labour in garrison towns. In fact, to this day, every cantonment city in Pakistan has an area known as Lal Kurti, which is traditionally where the Christians reside. But Christian communities remain among the poorest sections of society and often still do menial jobs. Entire villages in parts of Punjab are Christian and their inhabitants work as labourers and farmhands.
Conclusion
As the rights organisation Amnesty International says the Blasphemy law is used to pursue vendettas and justify vigilante violence. "On the basis of little or no evidence, the accused will struggle to establish their innocence while angry and violent mobs seek to intimidate the police, witnesses, prosecutors, lawyers and judges," it states. Critics say the fact that minorities figure so prominently in the cases shows how the laws are unfairly applied. Often the laws are used to settle personal scores and have little or nothing to do with religion. A large majority of Pakistani people support the idea that blasphemers should be punished, but there is little understanding of what the religious scripture says as opposed to how the modern-day law is codified.