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Asia Bibi: A case that showed how Pakistan's laws have become instruments of vendetta, evil

It was the women who refused to drink water from the hands of Asia Bibi, a Christian who insulted his…

It was the women who refused to drink water from the hands of Asia Bibi, a Christian who insulted his religion and was no less blasphemous, according to Pakistan’s Supreme Court Asif Saeed Khan Khosa. In his consistent and separate opinion of the final order announced on October 31, Asiatic Bibi of Blasphemy released, he said: “According to the Holy Quran, the faith of a Muslim is not complete until he believes in all the holy prophets and messengers from Almighty Allah including Jesus Christ (Isa the Son of Maryam) and all the holy prayers of Almighty Allah, including the Holy Bible. From that perspective, the complainant’s religion insulted by his Muslim colleagues no less blasphemically. “

Supreme Court of Pakistan Supreme Court Mian Saqib Nisar and Justice Khosa and Mazhar Alam Khan Miankhel delivered a landmark order made for the investigation of the blasphemy case against Asia Bibi and reversing the judges of the Lahore High Court and the trial and conviction of death sentence. The order states that when it is doubtful in prosecution rights, the accused should benefit, which is entirely consistent with the free administration of criminal law.

Asia Bibi was freed from Multan prison on November 7th, but rumors that she left the country has not been confirmed. Her husband has appealed to asylum abroad for herself and her family because it is dangerous for them to live in Pakistan. Her lawyer Saif-ul-Malook has already left the country.

File image of Asia Bibi

The main witnesses, Asma and Mafia, who taught the Quran from the complainant Qari Muhammad Salam’s wife, had comfortably omitted that there was a dispute when Asia Bibi offered water to the Muslims the women who, with her, picked blueberries ( fake ) on a field in the Ittanwali village (Firozpur district, Punjab) on June 14, 2009. They refused to accept water from Christian hands, after which there was a battle. This fact is not mentioned in its testimony and the first information report (FIR). It was thanks to the court witness and investigating officers, who were independent witnesses, that this was stated, Khosa found.

The court found that the case of blasphemy was riddled with inconsistencies and contradictions that led her to become free. It was also fought with extensive quotes from the Quran and the scriptures that Islam was against Christianity.

Nine long years after a case of blasphemy had been filed against her, and three years after Asia’s appeal against her death penalty in 2014, she is finally free, but in the face of evil protests and antipathy against her release, her freedom is to continue his life in his own home with his husband and two children in danger. After her acquittal that provoked widespread protests, there was a government business that reportedly spoke with fundamentalists screaming for her blood, which required her to not be allowed to leave the country. Following the order, Qari Salaam has filed a petition for the Supreme Court, challenging the exemption and requested that Asia Bibi be placed on the checklist for departure pending review.

The court pointed out that since 1990, 62 people have been killed against blasphemy and in 2017, Mashal Khan, a student at Abdul Wali Khan University, Mardan, was killed by a mob in university premises after rumors that he wrote “blasphemous” content online. [19659002] In 2012, young Rimsha Masih, a mentally challenged girl, was arrested for blasphemy charges. She also became acquitted, and had to apply for asylum abroad a year later. The complainant, a clergyman, as in this case, filed a false complaint that Rimsha tore up and burned copies of the Quran. Former Punjab Governor Salman Taseer was killed by his guardian Malik Mumtaz Qadri on January 4, 2011 to demand a forgiveness to Asia Bibi and attack the blasphemy law. Months later, Shahbaz Bhatti, Pakistan’s minority minister, was also killed. It was a time when some lawyers were willing to represent Asia Bibi and despair after Qadri saw somewhere close to punishing until 2016 when he was executed.

During a large tree on the Kohsar Market in Islamabad every year in January, a small group of family and friends gathered in memory in place under a tree where Taseer was pumped with bullets of his guard. He has finally ruled to support Asia – a place that cost him his own life.

“Blasphemy is a serious crime, but the insult of the complainant’s religion and religious feelings, and then blends the truth with falsehood in the name of the Holy Prophet Muhammad was also not short-lived to be blasphemous. It is ironic that in the Arabic language the appellant’s name is called the complainant’s name Asia is “sinful”, but according to the present case, she seems to be a person, according to Shakespeare’s King Lear “more sinful than sinning,” Justice Khosa said.

He invokes covenants, especially the Prophet Muhammad’s covenant with the monks of Mount Sinai, known as the Promise of St. Catherine. Around 628 AD, a delegation from St. Catherine’s Monastery, the world’s oldest monastery located at the foot of Mount Sinai in Egypt, came to the Holy Prophet Muhammad to request his protection and he responded by granting them a charter of rights, not limited to St. Katherine alone. The promise is clearly violated in this and other cases. [19659002] In the event that took place on June 14, 2009, the two women Mafia and Asma, both sisters and Yasmin (who did not witness later) reported to Mrs. Qari Salaam, who filed a police report on Sadar five days on June 19 Nankana Sahib. That same day, Asia was called to a public meeting, announcing its debt.

By examining the case, the court found many inconsistencies in the testimonies and suspected of the brutal loss of water from their stories. According to the law (section 156a of the Criminal Procedure Act) cases of blasphemy are to be investigated by a police station with the police’s superintendent (police) police – but this case was investigated by a police inspector and transferred to a police inspector SP Muhammed Amin Bukhari of Sheikhupura only June 26th.

The court said that Asia Bibi, in its statement registered under section 342, paragraph 342, had expressed its full respect for the Holy Prophet and the Holy Quran and offered to obey the Bible to the Investigator (IO) to prove her virgin refused by IO. Therefore, the complainant deserves to be innocent acquittal. Furthermore, no prior permission was obtained from the central or provincial government prior to FIR’s registration, according to the laws of the Act.

The rest of the priesthood Qari salaam was due to the statements of Asma and Mafia who claimed that Asia Bibi made delusional remarks about the Prophet Muhammad. But they also mentioned that there were 25-30 women present, but none of them had arrived to give evidence. The judges found the five-day delay in registering the FIR casting “a serious death to the prosecution and, in view of the evidence alleged against the alleged blasphemy committed by the appellant, the prosecutor has categorically failed to prove his case beyond reasonable doubt.”

The highest justice ended its part of the order with a quote from Prophet Muhammad:

“Beware! Anyone who is cruel and tough on a non-Muslim minority or limits their rights or charges them more than they can (Prophet Muhammad) will complain to the person on the day of judgment. “

Justice Khosa found” that the evidence relied on by the prosecutor in connection with the public gathering five days after the event and what happened It was not just an afterthought but it was nothing but incarnation. “He also thought it was strange that Qari Salaam did not come ih ow who prepared FIR and where he had submitted for filing. He was not present at the event. The complainant and the FIR, which he submitted, were thus not worth much credit, he said.

The order is significant because Asia’s appeal was the first blasphemy appeal under 295-C (paralysis of Prophet Muhammad), which was heard by the Supreme Court since 2002, Reema Omer, International Legal Adviser, South Asia Program, International Law Counselor said. The court has so far not claimed a sentence of cruelty under sections 295-C, but dozens of people have been convicted of courts and a number of appeals are subject to different appeals forum. High courts have only kept blasphemy judgments below 295-C in a handful of cases. The Supreme Court also noted that the context indicates that the allegations could have arisen from a “false claim” of blasphemy, which also concerns the International Court of Justice (ICJ) and others that the blasphemy law in Pakistan has usually become an instrument of personal reversals and harmful motivations.

Omer, however, said the context in which blasphemy accusations are made – including serious violations of the right to fair trial in such cases because of threats to the accused, their families, judges and lawyers, as well as bias against the blasphemy accused of affecting The impartiality of the process – it is unlikely that this judgment alone would make a difference in how future cases are decided.

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