Christian teen boy convicted of ‘blasphemy’ nearly stoned to death in prison
Pakistan has not yet executed anyone for blasphemy, but dozens are imprisoned on blasphemy charges, which many right activists and lawyers said are levelled to settle personal disputes.
Pressure is growing on Pakistan to amend its blasphemy laws, but fundamentalist Muslims have rallied against any such effort.
According to the CDN report — Muslim inmates at a prison in northwest Punjab Province on Oct. 29 stoned a Christian wrongly convicted of “blasphemy” nearly to death, according to his father.
Imran Masih, a 19-year-old member of the Protestant Church of Pakistan, is still recovering in District Hospital Hazro, where he was admitted to the Intensive Care Unit the day of the assault.
“Imran Masih was brought to the hospital in a very serious condition,” Dr. Sultan Malik told Compass. “He had lost a lot of blood. He was shifted to the ICU and is still under treatment.”
Masih, a resident of Hazro near Attock, is expected to be released from the hospital next week.
He was working at a barbershop in July 2009 when the owner, Nadeem Haider, accused him of stealing 5,000 rupees (US$60). Haider, who had been pressuring Masih to convert to Islam, had the Christian arrested, according to investigators.
Station House Officer Junaid Mirza of Hazro told prison investigators and Compass that Haider paid police to torture Masih.
“Inspector Jamal Khan [of Madina Town police station in Hazro] arrested Masih from his house, and Haider had paid Khan to severely torture Masih,” Mirza told Compass. “When Masih was presented at the session court, his father Basharat Masih appealed to the court, saying that his son was illegally detained and tortured.”
Justice Risalat Khawaja of Attock Session Court ordered a medical report, Mirza said.
“Haider and Khan then conspired together,” Mirza said, “and before the medical report could be presented, Khan turned a simple case of robbery into blasphemy, saying that Imran Masih had spoken against the holy prophet Muhammad(PBUH).”
Khawaja on Aug. 3 sentenced Masih to 10 years of prison under Pakistan’s blasphemy statues, widely condemned internationally for their use against oppressed minorities to settle grudges. The maximum punishment for a genuine case of speaking ill of prophet Muhammad[PBUH] would be death or life imprisonment.
“My son was threatened that if he talked to anyone, his family would be killed,” Masih’s father told News Asia channel. “I am a poor man, I cannot afford a lawyer to appeal at the High Court. I have been writing to higher authorities appealing to them to release my son.”
Zubair Malik, investigation officer on the prison inquiry commission looking into the assault on Masih, said that on Oct. 29 Masih was sitting outside his barrack after Friday prayers when a group of inmates pounced on him, yelling that he was a blasphemer and must be killed.
With rocks from fields within the prison premises, they tried to stone him to death as prison guards looked on, Malik said, stopping the assault only after Masih was nearly dead.
Police took him to District Hospital Hazro.
Haider last month told Basharat Masih that he would ensure that his son did not get out of prison alive, the elder Masih said, and therefore he suspects that Haider and Khan arranged the stoning. Basharat Masih said Khan and Haider have contacts in prison that could have orchestrated the assault.
Khan and Haider were not available for comment.
In another news story Munir Masih, a Christian accused and sentenced to 25 years in prison for blasphemy, was freed on bail.
His is another case of blatant abuse of the blasphemy law:
Munir had been sentenced “for touching the Koran with dirty hands”.
The man has always protested his innocence, explaining that the unfounded allegations were made by a neighbor after a dispute between their children. Munir, a worker who lives in the district of Kasur in Punjab, is married to Riqqiya Bibi and father of six children. Riqqiya Bibi, also sentenced to 25 years for the same charge, still remains in prison, but lawyers are hoping that, after the release of her husband, she will receive the same same justice. The High Court will rule for her next week.
The case of Munir Masih and Riqqiya Bibi once again confirmed the trend that many of the unfair verdicts imposed in the first instance for blasphemy, based on false accusations.
The fact is that of the nearly 1,000 people charged under these laws since 1986, none have been executed, with the sentence most often being overturned on appeal. However, 32 of the people charged with blasphemy have been murdered. Further, the years have provided ample evidence that the charge of blasphemy is often used to settle personal or business scores and grab property by causing the persecuted community to flee from its lands. It has been used to spark sectarian and ethnic unrest.
Part of the problem lies in the mishandling of blasphemy cases by the lower courts. This is attributed partly to the fact that they often face intense pressure at the hands of hardliners against the acquittal of persons accused of blasphemy. Therefore, the suggestion that such cases be dealt with by the high courts, acting as trial courts, merits attention.
Shame on mullahs and their apologist!
Ansar Abbasi, Hamid Mir, Dr Moeed, Orya Maqbool Jan, Fazl-e-Karim, Munawar Hasan etc, all of them are responsible for fanning hatred against non-Muslims in Pakistan.
The death sentence handed down on Aasia Bibi over allegations of blasphemy has brought shame to Pakistan and been roundly condemned worldwide. It has also distorted the teachings of Islam. Punjab governor Salmaan Taseer, despite his murky track record in politics, did the right thing for once by visiting the hapless woman and holding out the promise of a presidential pardon. This prompted obscurantist clerics to stage demonstrations in several cities of the province. On Nov 24 the Alami Jamaat-e-Ahl-e-Sunnat issued a fatwa (decree) which declared him an apostate.
Blasphemy laws have existed in British India since 1860. In 1927, Article 295 was added to the Penal Code under which “deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religious belief” became a culpable offence. The law was non-discriminatory and conviction under its provisions depended exclusively on conclusive evidence, as a consequence of which there were only ten blasphemy cases in the 58 years between 1927 and 1985. Since that year the number of blasphemy cases has soared to more than 4,000.
In 1982, Gen Ziaul Haq introduced Section 295-B in the Penal Code of Pakistan, under which “defiling the Holy Quran” became punishable by life imprisonment. In 1986, Section 295-C was added, mandating capital punishment for “use of derogatory remarks in respect of the Holy Prophet”. Even the law minister at the time did not support the bill when it was introduced in the National Assembly “on the ground that the Quran did not prescribe a penalty for this offence”.
The enactment of Ziaul Haq’s blasphemy laws unleashed a reign of terror in which the impoverished Christian community suffered the most. The violence will continue till these draconian laws are repealed. This is unlikely, however, because the present law minister, Babar Awan, was quoted by the print media on Nov 26 as saying that “no one can change the blasphemy laws.” Thus, so-called liberal politicians have been just as responsible as semi-educated clerics for the distortion of the laws of Islam in pursuit of their respective political agendas.
Blasphemy laws: 58% of women booked are Muslims
22 of a total of 38 women booked under the blasphemy laws are Muslims, data obtained from different organisations by The Express Tribune reveals.
The data also shows that 14 out of the 38 women booked under the blasphemy laws were Christian. A Hindu and an Ahamdi were also among those accused of blasphemy.
Dr Mehdi Hasan, the Human Rights Commission of Pakistan (HRCP) chairperson, said that around 80 per cent of those accused of blasphemy were falsely implicated. “Many people get a blasphemy case registered against their opponents because of property issues or other personal or family vendetta,” said Hasan.
Syed Mumtaz Alam Gilani, the federal minister for human rights, said that more and more Muslims were using the laws to settle scores with fellow Muslims. “Currently, there are around 42 cases in which Muslims have registered FIRs against Muslims,” the minister said. Gilani also said that a parliamentary committee was trying to come up with proposals to ensure that the laws are not misused.
Records of the National Commission for Justice and Peace (NCJP), Human Rights Commission of Pakistan (HRCP) and Ministry of Human Rights, also show that 37 of these women were booked between 1990 and 2010 while only one case was registered in 1987.
33 women of the 38 are from the Punjab.
Cases against six were registered in Lahore, five in Sheikhupura, four in Kasur, two in Rawalpindi and two in Gujranwala.
According to the record available, a Mrs Krishna was the only one to have been booked from Khyber Pakhtunkhwa, Akhtari Begum and Tabassum Malkana from Sindh and a Zaibun Nisa from Islamabad. The location of one Bushra Taseer booked under 295-C in 1996 was not clear from the records.
Nazia, Zaibun Nisa, Nasreen Bibi and Naseem Bibi were acquitted.
An ‘un-discriminatory’ law
There have been at least two cases, in which mentally-challenged women were also booked for blasphemy.
Zaibun Nisa, a mentally-challenged Muslim accused, was released after 14 years in prison. The Lahore High Court acquitted the 60-year-old on July 22, 2010.
In another case, Naseem Bibi, another mentally challenged person, was acquitted after eight months of being accused of blasphemy.
Acquitted not compensated
A case was registered against Nazia in June 2009 under Section 295-B of the Pakistan Penal Code in Kharian. Nazia, a Christian, always maintained that she did not desecrate the Quran, as was alleged. Soon after the registration of a case against her, she was socially boycotted and had to live alone for six months. The issue was resolved by local elders who found her ‘innocent’. Following that finding the case was dropped. “I hadn’t done anything of the kind and I was happy when the case was dropped. But the time as a person accused of blasphemy was the most difficult one,” she says.
Nasreen Bibi of Kabirwala was convicted and awarded life imprisonment but her conviction was later over turned by the Supreme Court.
However, none of the women acquitted filed for damages.
Peter Jacob, the Justice and Peace Commission of the Pakistani Church secretary, said that the women did not file defamation or damages suits against complainants because “they do not want the social pressure”. On how to ensure that the laws are not used to settle personal scores, Jacob added, “There should be a penalty for the complainant if his accusations cannot be proven in court. But this is just a safeguard. These laws have many weaknesses.” The secretary said that amendments proposed by Sherry Rehman to the bill that she has recently submitted in the National Assembly were a step in the right direction.
The bill proposes amendments to the Pakistan Penal Code and the Code of Criminal Procedure, the two main sources of criminal law, calls for a clearer definition of the term ‘blasphemy’. The bill also calls for rationalising the criminal procedure, which includes the concept of premeditation or intent.
One of the most important changes the bill proposes is that it calls for the abolition of the mandatory death penalty.
Another amendment proposed proposes that the complainant take full responsibility if the accusations levelled by him are proven to be false.
Published in The Express Tribune, December 1st, 2010.
http://tribune.com.pk/story/84133/blasphemy-laws-58-of-women-booked-are-muslims/