Transcript Osama Siddique: Blasphemy Presentation

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 The Blasphemy Laws in Pakistan
 Islamization during the Zia Regime
 History; an illegitimate regime; Islam – a legitimizing device
 Origins of Chapter 15 of the Pakistan Penal Code
• Introduction of the Indian Penal Code by the British in the sub-continent
• Purpose behind the introduction of Chapter 15
 Pre & post Zia versions
 From protecting all religions to protecting only Islam
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 Chapter 15 prior to the Zia regime included clauses: 295, 295-A, 296, 297 & 298
 Clauses that were added during the Zia regime:

 295-B: Defilement of the Holy Quran
 295-C: Use of derogatory remarks in respect of the Holy Prophet
 298-A: Use of derogatory remarks in respect of holy personages
 298-B: Misuse of epithets, descriptions and titles reserved for certain holy
personages or places
 298-C: A person of the Qadiani group calling himself Muslim or preaching
or propagating his faith
[298- B & 298-C pertain specifically to Ahmedis/Qadianis]
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 “Whoever, with the deliberate intention of wounding the
religious feelings of any person, utters any word or makes
any sound in the hearing of that person or makes any
gesture in the sight of that person, or places any object in
the sight of that person, shall be punished with
imprisonment of either description for a term which may
extend to one year, or with fine, or with both.”
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 “Whoever, with deliberate and malicious intention of
outraging the religious feelings of any class of His Majesty’s
subjects, by words, either spoken or written, or by visible
representations, insults or attempts to insult the religion or
the religious beliefs of that class, shall be punished with
imprisonment of either description for a term which may
extend to two years, or with fine, or with both.”
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 “Use of derogatory remarks, etc; in respect of the Holy
Prophet. 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 (peace be upon
him) shall be punished with death, or imprisonment for
life, and shall also be liable to fine.”
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 Requirement of Intent
 A vital pre-requisite in the pre Zia version
 Absence in the amendments introduced by Zia
 Judicial omissions to read intent into the blasphemy laws
and the resultant injustices
 Lack of Definitional Specificity
 Wide ambit of clauses introduced by Zia
 Existence of textual ambiguity
 Comparative Perspective
 Laws on blasphemy either repealed or deemed nonfunctional in other jurisdictions
 Doctrine of Vagueness
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 Capital Punishment
 Federal Shariat Court judgment – Muhammad Ismail
Qureshi v. Pakistan, PLD 10 (1991)(Pak.): Petition
demanding that the alternative punishment of life
imprisonment be declared void on account of
repugnance to the Quran and the Sunnah, was accepted
by the FSC and its demands endorsed on the basis of
arguments employing the FSC’s interpretation of
various Quranic verses.
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 Existing Issues with the Legal System
 Evidentiary Lacunae
 Court Incompetence
 Police Incompetence
 Vigilantism/Mala Fides
 Private Party Co-option
 Personal Vendetta
 Minorities
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Evidentiary Lacunae
 Unreliable Witnesses
Ayub Masih v. The State, PLD 1048 (2002)(Pak.)
“The complainant and his companions came there [the location]
by chance … the testimony of both of them neither inspires
confidence nor can be termed as evidence having come from an
unimpeachable source… the prosecution’s story does not ring true
and the possibility of fabrication and false implication cannot be
ruled out…”(1056-57)
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 Weak & Unsubstantiated Evidence
Zahid Hussain v. The State, P Cr. LJ 1683 (2005)(Pak.)
“Conviction recorded under 295-A … was recorded on the
sole statement of the complainant, who made such a
statement on the basis of spy information. No evidence
whatsoever was produced by the prosecution to substantiate
the charge that the appellants attempted to insult the religion
or religious beliefs of any sect/class …” (1687)
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Court Incompetence
 Neutrality of Judges
Zahid Hussain v. The State, P Cr. LJ 1683 (2005)(Pak.)
“ It [was] evidently clear that either the learned judge was
completely ignorant of the law, or he was nursing malice against the
appellants …” (1687)
 Procedural Violations
Muhammad Yousaf v. The State, MLD 1339 (2006)(Pak.)
“…the learned trial court put a query to the appellants after the
closure of the proceedings…The Criminal Procedure Code, nowhere
provides for such a course… trial court in such an eventuality was
under obligation to stay its hands off in the matter.” (1341)
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Police Incompetence
 Poor Quality of Investigation
Saleem Masih v. The State, YLR 2422 (2003)(Pak.)
“ … the investigation officer had hurried to complete the investigation
within 24 hours, instead of making a serious effort to reach the
truth.” (2424)
 Procedural Violations
Muhammad Ashraf v. The State, MLD 1015 (2005)(Pak.)
“As the FIR in the case has been lodged in violation of the
mandatory provisions of section 196, Cr.P.C, therefore, the entire
proceedings conducted up till now appear to be without legal
authority …” (1016)
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Total number of reported cases
between 1960- 2007
104
67% of the total number of
cases suffered from evidentiary
lacunae and/or had an element of
court or/and police incompetence.
Evidentiary
Lacunae
31
Court
Incompetence
27
Police
Incompetence
Total
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70
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Vigilantism/Mala Fides
 Private Party Co-option
 Personal Vendetta
Sardaran Bibi v. The State P Cr. LJ 342 (2007)(Pak.)
“It is contended by the learned counsel that the petitioner is innocent
and has been roped in this case by the complainant with mala fide
intention.” (343)
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 Economic Rivalry/Property Dispute
 Ayub Masih v. The State, PLD 1048 (2002)(Pak.)
“The credibility and credentials of the complainant are not above
board and he is not an independent and truthful witness as the defense
evidence on record indicates that he had a motive to falsely implicate
the appellant. The motive was to grab an Ihata [piece of land] in
possession of Inayat Masih, father of appellant.” (1058)
[Supreme Court Verdict]
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 Political Rivalry
Ranjha Masih v. The State, YLR 336 (2007)(Pak.)
“… the assertion of the appellant that he had been framed in a
false case only on account of political vendetta has appeared to
me [the judge] to be an assertion which may not be without any
substance or foundation.” (341)
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 Marital Disputes
Zahoorul Haq v. Prof Javed Jiwan Mall P Cr. LJ 1049 (1987)(Pak.)
“It is submitted that the compliant has been filed to harass the
petitioner especially their sister and to pressurize her to get the custody
of children…The object of these proceedings is obviously to harass the
petitioners.” (1050)
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 Religious/Sectarian Differences
Islam Khan v. The State P Cr. LJ 452 (1992)(Pak.)
Zahoor Ahmed Abro v. The State, P Cr. LJ (1305)(Pak.)
Qari Muhammad Younas v. The State, YLR 484 (2001)(Pak.)
First two cases were against Qadianis while the third was against
a Muslim. In the former case the counsel for the appellant stated
that “… it is an admitted fact that the relations between the parties
are not cordial due to their religious differences …” (453)
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 General Ill-will and Existence of Past Civil and Criminal
Litigation
Riaz Ahmed v. The State, PLD 485 (1994)(Pak.)
Muhammad Anwar v. The State P Cr. LJ (1633)(Pak.)
In the former case, some of the accused had appeared
as prosecution witnesses in a complaint of trespass,
criminal intimidation and mischief against the
complainant, while in the latter the high court
acknowledged that there existed some litigation between
the petitioner and the others.
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Total number of cases where an element of co-option and/or vendetta was alleged
and/or considered by the Court
30
No. of cases where an element of co-option or vendetta was alleged
27
No. of cases where an element of vendetta or co-option was pointed out by the Court
3
No. of cases where the existence of co-option or vendetta was accepted by the Court
13
No. of cases where the existence of co-option or vendetta was rejected by the Court
3
Total % of reported cases that have findings of an element of co-option and/or
vendetta
43 %
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Implications for Minorities
 Constitutional Status of Minorities
 Christians
 Qadianis
-Pak Const Article 2-A – [Islamic nature]
“Whereas sovereignty over the entire universe belongs to Allah
Almighty alone and authority which He has delegated to the State of
Pakistan, through its people for being exercised within the limits
prescribed by Him is a sacred trust.”
- Pak. Const. Article 36 of “Protection of Minorities” “The State
shall safeguard the legitimate rights and interests of minorities,
including their due representation in the Federal and Provincial
services”
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- Pak Const. “ Islamic Way of Life”
Art 227 (3):
“Nothing … shall affect the personal
laws of non-Muslim citizens or their
status as citizens”.
- The Second Amendment (wef. 17th
September 1974) of 1973 Constitution
declared Qadians or the Lahoris as
non-Muslims.
298-B - (2) “Any person of the Qadiani
group … by words, either spoken or
written, or by visible representation, refers
to the mode or form of call to prayers
followed by his faith as ‘Azan’ or recites
Azan as used by the Muslims, shall be
punished with imprisonment of either
description for a term which may extend to
three years and shall also be liable to fine.”
 298-C - Any person of the Quadiani group
… who, directly or indirectly, poses himself
as a Muslim, or calls, or refers to, his faith
as Islam, or preaches or propagates his
faith, or invites others to accept his faith, by
words either spoken or written, or by
visible representations or in any manner
whatsoever outrages the religious feelings
of Muslims, shall be punished with
imprisonment of either description for a
term which may extend to three years and
shall also be liable to fine.”

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Total number of reported cases between
1960- 2007
104
35% of the total number of reported
cases were against minorities
65% of the total number of reported
cases were against Muslims
Absolute number of Muslims accused
greater, but percentage of minorities
accused disproportionately greater
Total number of cases
against Qadianis
28
Total number of cases
against Christians
8
Total number of cases
against Muslims
68
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