Daily Times

On 8th October 2018, the judgment on one of the most infamous blasphemy cases, popularly known as Asia Bibi’s case, was withheld by the Supreme Court for the reasons only known to the court as it specifically ordered TV channels not to make any speculation on the case. Asia Bibi, Christian and a poor working woman from Katanwala village in Nankana Sahib was accused by a prayer leader that she had confessed to committing blasphemy during an argument with a Muslim woman over a bowl of water. The accused claimed that she herself respected the Prophet Muhammed (PBUH) and couldn’t think of committing such a crime. She also sought pardon for a mistake that might have occurred unintentionally during the brawl.

The incident took place in June 2009 when she, while picking berries for a paid work, drank water from a rural well without knowing that she, being a Christian, was not allowed to drink from there, only Muslims were. A sudden attack of hate crime from fellow Muslim women led her to react as harshly as an illiterate village woman could. What, in her fit of anger, she might have said could be falling within one of the clauses of blasphemy laws but what benefit, a woman of poor background, could have made out of such utterances other than inviting the wreath of the people and legal action she has been facing for the last eight years. But what led the court of justice to hold its verdict which, in legal terms, may be regarded as, ‘justice delayed, justice denied’.

The right wing legislators, on the other hand, are raising question as to why the blasphemy law is only being questioned for its misuse when all other laws are also misused in the country

As the date for announcing the judgement came close, a threat campaign from a huge social media was launched by Muslim extremists calling for riots and extrajudicial killing of Asia Bibi if she is released. The administration of justice, in no way, could be possible when the peace and security of the country was in danger. This is not the first case, there are many more examples where such acts had led to the law and order situation in the country.

On February 23, 1995, Lahore High Court acquitted Rehmat Masih and Salamat Masih who were earlier sentenced to death in the lower court. Religious parties staged countrywide strikes calling for the hanging of both the survivors. They escaped their death by getting smuggled out of the country. However, one of the High Court judges, Arif Iqbal Hussain Bhatti, who acquitted these accused couldn’t be lucky enough to keep himself safe for a long time. He lost his life when he was gunned down in his chamber two years after passing the verdict. The case of Mumtaz Qadri, the killer of Salman Taseer, former Governor of Punjab, is another example of how people reacted to the court verdict, and how his funeral had attracted a large number of mourners.

Over the period, people have developed a zero tolerance level on every issue that has a slightest link with the blasphemy law. One of the reasons quoted for PMLN defeat in 2018 election is its involvement in changing a few wordings in blasphemy law. The then Law Minister from PMLN, Zahid Hamid, had to resign from his ministry and take the bitter decision of not taking part in the election from his home constituency. His house in Pasrur was also attacked by an enraged mob of people.

In Pakistan, blasphemy issue has always been a triggering point for public outrage but not in a few cases. The famous singer-turned-evangelist, Junaid Jamshed, was accused of committing blasphemy but, being a rich and influential man, he managed to flew out of the country before he could have been arrested. Maulana Tariq Jameel of Tableeghi Jama’at and the well-known TV anchor Amir Liaqat Hussain ran TV programs to create a ground to seek forgiveness for him. No such support is ever offered to any blasphemy accused, who in many cases were from the poor and illiterate background.

Another blasphemy incident that couldn’t generate any public anger was the declaration by the Islamabad High Court that Faizabad protestors of Tehreek-e-Labbaik Ya Rasool Allah (TLY) had committed blasphemy. For the first time in the country, an authority of such a high repute had levelled these charges and the public reaction was zero. Even the Law Enforcement Agencies remained conspicuously silent. Instead, TLY emerged as the third largest party of the country after PTI and PMLN on the basis of the number of votes people cast in its favor in 2018 election.

As it appears from the ongoing controversies on blasphemy cases as well as the discriminatory treatment of blasphemy accused based on their influences and socio-economic status, and extremely divided opinion on the use and misuse of blasphemy laws, the chances of delivering justice in such cases are constantly becoming highly difficult. The most challenging question is: “Who should deliver the justice – the highly charged religious clergy or the honorable judiciary?” The purpose of introducing additional clauses in the blasphemy laws during General Ziaul Haq, as envisaged and propagated by its protagonists, was to offer a lawful venue to deal with the blasphemous offenses and thus discourage a person to take the law into his hands in such cases. What we are seeing now is that not only the individuals but, large groups of people are supporting and willing to commit such unlawful act. The right wing legislators, on the other hand, are raising question as to why the blasphemy law is only being questioned for its misuse when all other laws are also misused in the country. Is misuse of any other law has ever been supported so overwhelmingly in the country or in any other country? This is the most concerning question for all the stakeholders of the country. In Naya Pakistan, would we be able to see any resolution of this question before it becomes too late?

The writer is a freelance Journalist and Senior Research Fellow, Center for Research and Security Studies

Published in Daily Times, October 17^th 2018.