Daily Times

The US administration is interested in backing all those housed in prisons across Pakistan on the charges of blasphemy.

The Prime Minister of Pakistan was due in the Oval Office this Monday for having a one-on-one meeting with the US President. His trip to the US is his very first visit after winning 2018 general elections. Before he departed for the US, the authorities within Pakistan arrested alleged Mumbai mastermind, Hafeez Saeed.

Only a couple days earlier, Vice President demanded the government of Pakistan to release Junaid Hafeez, who had been languishing in the prison over charges of blasphemy. Junaid was implicated in blasphemy charges by his fellows in the university where he was teaching English. Junaid’s trial lawyer was murdered in Multan some years ago and his trial has not been concluded to date.

The decision of Pakistan regarding Hafeez Saeed and the US’s demand for the release of Junaid Hafeez are well-connected and interlinked. It appeared to the author that the US demanded the incumbent government to release those who had been detained across prisons over accusations of blasphemy and arrest those who had been found guilty of curtailing civil liberties and inflicting violence upon people of the subcontinent and across the world.

The move of the government of Pakistan and demand of US President Trump’s administration has been seen as praiseworthy across the world.

In Vice President’s view and demand, it is fair to suggest that the US administration is interested in backing all those housed in prisons across Pakistan on the charges of blasphemy.

For instance, the case of Nabeel Masih, a juvenile of Phool Nagar, was arrested on charges of blasphemy in 2016. The case FIR No 487/16 was chalked out against him on the behest of one Akhtar Ali of Pattoki.

Masih was a juvenile at the commission of an alleged offence for which he was arrested by the police in connection with the FIR chalked out against him.

Since 2016, Nabeel has been languishing in Kasur District Jail for an offence, which he had never committed or abetted. When Nabeel Masih was arrested, he was a factory worker along with his elder brother, Wakeel Masih, and father, Amanat. Since 2016, the whole family is run ning away to save themselves from ultra-right-wing fanatics.

The family does not have settled dwelling since the occurrence of the alleged offence. It has also been stated that Nabeel Masih has been housed in solitary confinement in Kasur District Jail and his trial is conducted inside the prison, considering the risk attached to such cases. Being housed in solitary confinement is a clear violation of the Juvenile Justice System Act 2018, whereby it is stated that juveniles ought not to be put in solitary for more than 24 hours.

Only a couple days earlier, Vice President demanded the government of Pakistan to release Junaid Hafeez, who had been languishing in the prison over charges of blasphemy. Junaid was implicated in blasphemy charges by his fellows in the university where he was teaching English

The crook and shrewd move had been taken by the complainant Akhtar Ali in collusion with the police to seek direction and orders of the Home Department to allow impleading the “state” as a necessary party in the case. This sole factor has contributed to a delay in the completion of the trial. Instead of this, the complainant, to achieve his nefarious design, had filed a Writ Petition No. 60306/17 in Lahore High Court in 2017 to seek a stay of the trial of Nabeel Masih until the pendency of the Home Department decision. Since 2017, the same writ petition has not been fixed. when it was fixed, the same was heard by the Justice in Chamber.

It is also mentioned that his post-bail arrest bail petition was dismissed by the First Class Judicial Magistrate of Kasur, Malik Ali Miran, on 26/03/2018.

Since that dismissal, his family mustered the courage to file post-arrest bail petition in Kasur District and Sessions Court. The trial court, after a plethora of adjournments, framed a charge against Nabeel Masih on 13/03/2017 and since then, not a single prosecution witness has been directed to record their statement.

Since the promulgation of Juvenile Justice System Act 2018, not much has changed as a large number of juveniles are housed in prisons across Pakistan. JJSA 2018 is a newer form of already repealed Juvenile Justice System Ordinance 2000. Yet, the same has not been able to achieve its goal, for which it was enacted by the Parliament. JJSA 2000 was promulgated to make with the international obligations under the UN Convention on Rights of Child.

Masih is not the only one facing heinous alleged charges. There are many others like him across prisons of Lahore including Ahmed Ali and Muhammad Rizwan.

We have to raise voice against those who have falsely implicated a juvenile in the case of blasphemy. Masih was a juvenile who had no knowledge nor was he aware of his actions at all.

The authorities shall pay attention to the case of Masih to save him from barbaric punishment.

The writer is an advocate based in Lahore