Syeda Mazhar
Pakistan made history when after eight years of detention a Pakistani-Christian woman Asia Bibi, who was sentenced to death since 2010 after being accused of blasphemy, was allowed to walk free from jail after a landmark Supreme Court verdict on October 31. In delivering its judgement in Asia Bibi’s case the Supreme Court acted with a sense of duty and courage with which Chief Justice Mian Saqib Nisar has held office during his tenure.
Asia Bibi, whose full name is Aasia Noreen, was the second Christian sentenced to death under Pakistan’s blasphemy laws after Ayub Masih who was released in 2002. It was a high-profile case from the beginning, widely covered by international media, as two officials, former Punjab governor Salman Taseer and former Minorities Minister Shahbaz Bhatti (a Christian) who spoke in favour of Bibi were both assassinated. Taseer’s killer Mumtaz Qadri was tried and executed for murder in 2016.
Asia Bibi, 47, was convicted for blasphemy under section 295-C of the Pakistan Penal Code for allegedly defaming Prophet Mohammad (PBUH). The offence carries mandatory death penalty under the law. She was alleged for “defamatory and sarcastic” statements about the Prophet (PBUH) on June 14, 2009, during an argument with Muslim women. The prosecution presented seven witnesses to support the blasphemy allegations. Two eyewitnesses, Mafia and Asma, claimed they heard Aasia make the allegedly blasphemous remarks, and later “admit” to making the statements during a “public gathering”. Another witness, a local cleric, Qari Mohammad Salaam, later registered criminal complaint with the police. She was arrested after a police investigation. The First Information Report was filed five days after the alleged incident.
A trial court convicted Asia Bibi for blasphemy in November 2010 and sentenced her to death. In 2015, Supreme Court suspended death sentence for appeal processes. Asia Bibi stated she had a “quarrel” with Mafia and Asma on June 14, 2009, over their refusal to drink water brought by Asia Bibi because she was Christian. She claimed “some hot words were exchanged” during the argument, after which both women, alongside Qari Mohammad Salaam and his wife fabricated the blasphemy case against her. Asia Bibi also stated that she had “great respect and honour for the Holy Prophet (PBUH) and the Holy Quran” and never made the alleged blasphemous remarks.
A three-judge bench headed by Chief Justice Mian Saqib Nisar, Justice Asif Saeed Khosa and Justice Mazhar Alam Khan Miankhel overturned the death sentence.
“The prosecution has categorically failed to prove its case beyond reasonable doubt,” concluded the chief justice and said she could immediately walk free from jail if not wanted in connection with any other case. The detailed verdict observed that “It is the duty of the State to ensure that no incident of blasphemy shall take place in the country,” adding that “… However, it is not for the individuals, or a gathering (mob), to decide as to whether any act” amounts to blasphemy. “It is the mandate of the Court to make such decision after conducting a fully qualified trial and on the basis of credible evidence brought before.”
In fixing and deciding Asia Bibi’s case Chief Justice Mian Saqib Nisar has proven his courage to lead and take responsibility at personal risk. Same is the case for the other two judges of the bench as they chose to do their duty for justice to be prevailed.
The court found the verbal testimonies internally as well as mutually inconsistent and the first information report a concoction rather than an immediate truthful account of what had happened. This was enough to take the alleged commission of the offence of blasphemy beyond reasonable doubt. An acquittal was the only possible outcome. The review petition will, soon enough, meet its inevitable fate.
There was no clash of principles in this case. The judges make that clear. Only the facts as presented had to be evaluated and as the witnesses’ testimonies were found lacking justice prevailed. However, the nearly decade-long blood soaked reaction in the name of religion to Aasia Bibi’s case has framed the two judgments as demands on our conscience that we must answer as a people.
Several thousand Islamist hardliners protested as Pakistan saw a pivotal ruling in the country’s most notorious blasphemy case. One of the most noticeable incidents is the assassination of Punjab Governor Salmaan Taseer in 2011 by one of his security guards after campaigning for Bibi while Minorities Minister Shahbaz Bhatti was killed in 2011 for being an outspoken critic of the blasphemy laws. At that time also the same religious party Tehreek e Labbaik caused great havoc. This time round they notched their protest at new levels when despite the Prime Minister’s warning they organized rallies through the country declaring the three judges who acquitted Bibi to be liable to be killed. However, negotiations between the government and Tehreek e Labbaik have been successful and they have called off nation- wide strike.
The decision of Pakistan’s highest court appears to matter little to the protestors, who have no respect for law and legal procedures. Now under the agreement Asia Bibi is banned from leaving Pakistan and the government will also not block a review petition filed against the verdict. However, as the Information Minister said that both these decisions would be made by the court and that the government would take all steps necessary to ensure Asia Bibi’s safety.
