–Court questions validity of investigation in case
–TLYR threatens strong retaliation if Bibi released
ISLAMABAD: The Supreme Court (SC) on Monday reserved its verdict in the final appeal of Aasia Bibi, a Christian woman on death row for blasphemy since 2010, after taking up the case for hearing nearly four years after it was filed.
A three-member bench of the top court, headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar and comprising Justice Asif Saeed Khosa and Justice Mazhar Alam Khan Miankhel, heard the arguments from both sides and reserved judgement on Bibi’s appeal filed in 2014, barring comment and speculation on the case in the media.
No date, however, was given as to when the verdict will be announced.
NO PROOF OF BLASPHEMY:
As the hearing went underway, Aasia Bibi’s lawyer Saiful Mulook told the bench that the June 14, 2009, incident was reported four days after the incident, i.e. on June 19. A prayer leader in the village of Itanwali in Nankana Sahib filed the case against Bibi, according to which she had confessed to committing blasphemy.
Advocate Saif pointed out that in the FIR, Aasia Bibi was called a ‘Christian preacher’.
“Are these things on the records?” the CJP asked Mulook. The counsel replied that no such contention can be proved through the records.
“No permission to file the FIR was taken from the district coordination officer or the district police officer,” he said, adding that the prayer leader in the FIR said that “the villagers had not attempted to beat Aasia Bibi”.
Justice Mazhar Alam Miankhel asked the appellant’s counsel that why the incident was reported after a delay of four days, to which he replied that the other party said that they were investigating the matter on their own.
Mulook also apprised the bench that the complainants argued that Aasia Bibi had confessed to the crime in front of a public gathering. “The location of public gathering, its date and how many people attended remains controversial as multiple accounts surface,” he argued.
Justice Asif Saeed Khosa noted that the superintendent of police (SP) did not investigate the matter thoroughly and just put together few statements. “What we can conclude from your statements is that the prayer leader himself did not witness the incident as it happened,” he observed.
“No blasphemous language was uttered in the presence of the prayer leader,” Khosa added.
Chief Justice Saqib Nisar questioned that if the investigation was not held properly, what value could the court assign to it during the hearing. He added that the court will look at the investigation report in entirety.
“According to the prayer leader, a panchayat [to discuss the matter] was held in a house. It was said that 1,000 people were gathered for the meeting,” the CJP said.
It was reported that in 2009, Bibi and two Muslim women had a heated exchange, the lawyer told the court. The reason behind it was that the women had refused to drink water from the same bowl as Aasia.
However, the statements of the Muslim women, Asma and Isma, are contradictory, the lawyer further said. “It seems that all the witnesses colluded to frame Bibi,” he argued.
“The investigation was faulty and grounded in malicious intent. In such a situation, Section 295-C is inapplicable,” the lawyer argued.
Chief Justice Saqib Nisar remarked, “Is there any evidence that Aasia Bibi blasphemed against the Quran as nothing is on record to prove that she has.”
“The witness testimonies did not state that she had used blasphemous language for the Holy Quran,” he said. “No blasphemous words were used at all. Aasia, in her statement, said that she could not even conceive of committing blasphemy,” Saiful Mulook said, adding that she respects the teachings of the Holy Prophet (PBUH) and the religion with all heart.
“She simply had an argument with two women. During that argument, they exchanged harsh words,” the lawyer said.
“What kind of incident is this? That you were argued with, harsh words were used for you, and then the case was also filed against you?” the CJP wondered.
“Are you suggesting it is possible that the person who filed the case, the prayer leader, is being used by someone else?” Justice Khosa asked. “That he is a front-man and someone else is behind him?”
“It is possible that this is the case,” the lawyer said, emphasising that the original investigation was conducted by a station house officer who was not even empowered to do it.
The bench also said that Hadd is not to be touched in this case, adding that every benefit of the doubt will be given to the accused.
‘BIBI HUMILIATED FOR BEING A CHRISTIAN’:
Counsel for complainant Qari Muhammad Salam, Advocate Ghulam Mustafa Chaudhary, complained that no one has ever been punished, which emboldens Christians to commit blasphemy.
“Many accused have taken advantage of it and have migrated abroad,” he argued.
CJP Nisar remarked that the court will only see the evidence before it as Islam tells it to do so.
Justice Khosa, after hearing Chaudhry’s argument that Bibi was presented before a panchayat and confessed to the crime, questioned why would those who worked with Aasia in the fields wanted her to hang. The judge also remarked that the investigation proved that Aasia Bibi was humiliated for being a Christian.
Justice Khosa said that whether the people gathered or not has not been proved in a court of law. “It is not proved, and neither is there any such assertion in the FIR,” he said, adding that this doesn’t reach that level of evidence that is acceptable.
The additional prosecutor of Punjab opposed the appeal of Aasia Bibi and asserted that there was no discrepancy between the statements of eyewitnesses.
If the apex court upholds the conviction, her only recourse will be a direct appeal to the president for clemency. However, if that fails, she could become the first person in Pakistan to be executed for blasphemy.
‘NO GENERAL, POLITICIAN OR JUDGE WILL BE SPARED IF ASIA BIBI RELEASED’:
Meanwhile, in a video going viral on the social media, Tehreek-e-Labbaik Pakistan leader Muhammad Afzal Qadri can be seen inciting people, saying “Muslims would not pardon those responsible if Aasia Bibi gets out of the jail”.
“If anyone releases Aasia Bibi, no general, politician or judge will be spared,” he threatened.
It is pertinent to mention that the current government of Pakistan Tehreek-e-Insaf and previous government of Pakistan Muslim League-Nawaz (PML-N) both have capitulated on a number of issues before the right-wing party during their respective terms. PTI caved into their demands by agreeing to remove Ahmadi economist Atif Mian from Economic Advisory Council (EAC) and PML-N agreed to their demand of removing law minister among other things in the wake of Faizabad protest.
However, Aasia Bibi’s lawyer Saiful Malook is optimistic Aasia Bibi will win her last legal appeal. But if not, he will seek a review, which could take years to complete.
“I am a 100 per cent sure she will be acquitted,” Malook had said on the eve of the hearing. “She has a very good case.”
Earlier, on a hot day in 2009, Aasia Bibi went to get water for her and her fellow farmworkers. After she took a sip, some of the Muslim women became angry that a Christian had drunk from the same container. They demanded she converts, she refused. Five days later, a mob accused her of blasphemy. She was convicted and sentenced to death.
In 2011, former Punjab governor Salman Taseer, who spoke out in support of Bibi, was gunned down in broad daylight in Islamabad. Following the case, Bibi’s supporters maintain her innocence and insist it was a personal dispute and asked for her release.
In October 2016, the top court took the appeal but had to adjourn the matter without hearing after one of the judges recused himself from the SC bench.
