The incompetence of investigating officers does more harm than good
In a Muslim Society every Muslim, being the follower of the Glorious and Glittering injunctions of Islam, honestly believes that Hazrat Muhammad (peace be upon him) is the Last Messenger of Allah Almighty. It is equally important for every Muslim to show reverence, veneration and respect to the Holy Prophet (peace be upon him) enthusiastically.
Historically the Blasphemy Law was enacted by the British to protect the religious sentiments of the Muslim minorities in the Sub-Continent before partition against the Hindu majority. After the creation of the Pakistan, the Muslims themselves were in majority hence Section 295‑A of the Pakistan Penal Code was enacted in 1927. In 1980, section 295‑A was added to the Pakistan Penal Code and subsequently in 1982, section 295‑B was introduced. While in 1986, section 295‑C was legislated. Initially life imprisonment was the sentence prescribed. However, in 1991 this was replaced with mandatory death penalty. It appears that ever since the law became more stringent, there has been an increase in the number of registration of the blasphemy cases.
A report from a daily newspaper of 18th July, 2002, says that between 1948 and 1979, 11 cases of blasphemy were registered. Three cases were reported between the period 1979 and 1986. Forty four cases were registered between 1987 and 1999. In 2000. fifty two cases were registered and strangely, 43 cases had been registered against the Muslims while 9 cases were registered against the non‑Muslims, The report further states that this shows that the law was being abused more blatantly by the Muslims against the Muslims to settle their scores. That because the police would readily register such a case and without checking the veracity of the facts and without taking proper guidance from any well‑known and unbiased religious scholar, would proceed to arrest an accused.
The investigation of these types of cases which involves a death sentences, are conducted by an official of the rank of an Assistant Sub-Inspector or a Moharrir, and majority of them are not academically competent to adjudge these cases which eventually result in the serious weaknesses and flaws in the investigation of blasphemy cases.
The Holy Prophet (SAW.) used to take care personally, while giving his judgments. When Maiz confessed his guilt of Zina, the Holy Prophet (SAW.) made an inquiry into his mental state as well as his knowledge about the ingredients of the offence to which he was confessing. The same was done in the case of Ghamadiyyah. Hazrat Ali (may Allah be pleased with him) in a case of accusation against Shurahah slid not order her to be punished for Zina without investigating into the voluntary nature of the genuineness of her confession.From our infancies, we have heard the story of the woman in Makkah who would throw refuse upon the Prophet (SAW.), as he walked past her house. The Prophet never remonstrated with her. Not changing his path, in silence and with bowed head he continued to suffer this indignity until one day the woman, astounded by this forbearance, beseeched the Prophet’s forgiveness and embraced Islam.
The failure inefficiency and incompetence of the Investigating Officer in handling of blasphemy cases give a bad image/impression of Islam to the world. It is a duty of Senior Police Officials to ensure that whenever such a case is registered, it be entrusted for purposes of investigation to a team those conversant with the Islamic Jurisprudence and in case they themselves are not conversant with Islamic Law, a scholar of known reputation and integrity may be added and then investigate whether an offence is committed or not and if it comes to the conclusion that ‘the offence is committed, the police may only then proceed further in the matter.
what about the Instructions regarding the investigation of such cases which have been forwarded by the Supreme Court as well as Islamabad high Court in Mamtaz Qadri case ?????
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