SC dismisses review petition against Aasia Bibi’s acquittal in blasphemy case

29 January, 2019 | Filed under: All News,more news,Opinion,RECENT POSTS,Somali news | Posted by: Abdillahi

Aasia Bibi. PHOTO: FILE

ISLAMABAD: The Supreme Court (SC) on Tuesday dismissed the review petition filed against the acquittal of Aasia Bibi on blasphemy charges.

“On merit, the review petition is dismissed,” announced Chief Justice Asif Saeed Khosa.

The hearing was presided over by Justice Khosa, part of the three-member bench including Justice Qazi Faez Isa and Justice Mazhar Alam Khan Miankhel constituted to hear the petition.

The hearing continued for over an hour and a half. The petitioner Qari Muhammad Salaam’s lawyer said that the matter of Aasia’s acquittal is a matter concerning the Muslim ulema and religious scholars should also be called to present their point of view.

“Does Islam say that one should be punished if the crime is not proven,” questioned Justice Khosa and also asked if the verdict was not given on merit. He also lamented that such blatant discrepancies were not overlooked by the lower court and the high court.

The chief justice also asked the counsel to point out a single flaw in the judgment regarding Aasia’s acquittal. However, the lawyer failed to do so. The bench further asked him to point out flaws in the verdict first before a larger bench would be formed.

“An FIR lodged five days after an incident is suspect,” said Justice Khosa while referring to report lodged in the case and which formed the basis for Aasia’s prosecution. He added that testimonies also differed in their account regarding the size and the place of the crowd which had gathered following the blasphemy accusation.

The lawyer countered that late registration of an FIR does not necessarily mean ill intention.

“Should we then hang an accused on the basis of such testimonies,” questioned the chief justice.

“We are hearing the case at length for the satisfaction of those who issue fatwas without reading the verdict,” said Justice Khosa.

At the end, Justice Khosa asked the complainant counsel’s to assist in deciding what should be punishment for those witnesses who made the false statement. The chief justice said that under the law, the false witnesses in such cases should be awarded life imprisonment after summary trial.

Security in the federal capital was placed on high alert and the Islamabad administration sought deployment of the paramilitary Rangers.

The deputy commissioner of Islamabad, in a letter to the authorities concerned, had said that Punjab Rangers should be deployed as part of the efforts to heighten security in Judges Colony, Ministers Enclave and Diplomatic Enclave.

Bibi’s lawyer, Saiful Malook, who fled to Europe after her acquittal, told Reuters he expected the case to be dismissed. Malook returned to Pakistan this week to represent Bibi in the court.

Aasia Bibi’s lawyer returns home to fight her case

In a landmark ruling on October 31, 2018, the apex court acquitted Aasia. Former Chief justice Saqib Nisar, heading the three-member bench comprising Justice Asif Saeed Khosa and Justice Mazhar Alam Khan Miankhel, read the 56-page verdict and announced the Lahore High Court (LHC) verdict was set aside and directed authorities to release Aasia from prison.

“The appeal is allowed. She has been acquitted. The judgement of the high court, as well as the trial court, is reversed. Her conviction is set aside,” Justice Khosa had added in a separate opinion in the verdict.

Road to acquittal

The 51-year-old Christian woman was on the death row since November 2010 after she was convicted on charges of committing blasphemy during an argument with two Muslim women in Sheikhupura.

Her case gained prominence after then Punjab governor Salmaan Taseer pleaded for a retrial of her case and was subsequently shot dead by one of his guards, Mumtaz Qadri, in January 2011.

Bibi challenged the verdict in October 2014, however, the LHC upheld the death sentence. The apex court had stayed the execution in July 2015.

Security heightened for Aasia case hearing

After a three-year hiatus, a three-judge special bench, headed by Chief Justice of Pakistan Mian Saqib Nisar, and comprising Justice Asif Saeed Khosa and Justice Mazhar Alam Miankhel, heard the appeal.

The hearing lasted nearly two hours and 45 minutes, during which both the prosecution and defence presented their points of view over the conviction.

Members of civil society, including veteran politician Farhatullah Babar, were in attendance during the proceeding. Unlike previous hearings, a few religious clerics were present inside and outside the courtroom.

The bench restrained the media from discussing, publishing or airing any comment about the proceedings till the announcement of the judgment. During the hearing, the bench pointed out several discrepancies in the statements of the prosecution and the witnesses.

Source:tribune.com.pk

Kasmaal Independent Somali news and analysis website .

SC dismisses review petition against Aasia Bibi’s acquittal in blasphemy case

Aasia Bibi. PHOTO: FILE

ISLAMABAD: The Supreme Court (SC) on Tuesday dismissed the review petition filed against the acquittal of Aasia Bibi on blasphemy charges.

“On merit, the review petition is dismissed,” announced Chief Justice Asif Saeed Khosa.

The hearing was presided over by Justice Khosa, part of the three-member bench including Justice Qazi Faez Isa and Justice Mazhar Alam Khan Miankhel constituted to hear the petition.

The hearing continued for over an hour and a half. The petitioner Qari Muhammad Salaam’s lawyer said that the matter of Aasia’s acquittal is a matter concerning the Muslim ulema and religious scholars should also be called to present their point of view.

“Does Islam say that one should be punished if the crime is not proven,” questioned Justice Khosa and also asked if the verdict was not given on merit. He also lamented that such blatant discrepancies were not overlooked by the lower court and the high court.

The chief justice also asked the counsel to point out a single flaw in the judgment regarding Aasia’s acquittal. However, the lawyer failed to do so. The bench further asked him to point out flaws in the verdict first before a larger bench would be formed.

The lawyer countered that late registration of an FIR does not necessarily mean ill intention.

“Should we then hang an accused on the basis of such testimonies,” questioned the chief justice.

“We are hearing the case at length for the satisfaction of those who issue fatwas without reading the verdict,” said Justice Khosa.

At the end, Justice Khosa asked the complainant counsel’s to assist in deciding what should be punishment for those witnesses who made the false statement. The chief justice said that under the law, the false witnesses in such cases should be awarded life imprisonment after summary trial.

Security in the federal capital was placed on high alert and the Islamabad administration sought deployment of the paramilitary Rangers.

The deputy commissioner of Islamabad, in a letter to the authorities concerned, had said that Punjab Rangers should be deployed as part of the efforts to heighten security in Judges Colony, Ministers Enclave and Diplomatic Enclave.

Bibi’s lawyer, Saiful Malook, who fled to Europe after her acquittal, told Reuters he expected the case to be dismissed. Malook returned to Pakistan this week to represent Bibi in the court.

Aasia Bibi’s lawyer returns home to fight her case

“The appeal is allowed. She has been acquitted. The judgement of the high court, as well as the trial court, is reversed. Her conviction is set aside,” Justice Khosa had added in a separate opinion in the verdict.

Road to acquittal

The 51-year-old Christian woman was on the death row since November 2010 after she was convicted on charges of committing blasphemy during an argument with two Muslim women in Sheikhupura.

Her case gained prominence after then Punjab governor Salmaan Taseer pleaded for a retrial of her case and was subsequently shot dead by one of his guards, Mumtaz Qadri, in January 2011.

Bibi challenged the verdict in October 2014, however, the LHC upheld the death sentence. The apex court had stayed the execution in July 2015.

Security heightened for Aasia case hearing

After a three-year hiatus, a three-judge special bench, headed by Chief Justice of Pakistan Mian Saqib Nisar, and comprising Justice Asif Saeed Khosa and Justice Mazhar Alam Miankhel, heard the appeal.

The hearing lasted nearly two hours and 45 minutes, during which both the prosecution and defence presented their points of view over the conviction.

Members of civil society, including veteran politician Farhatullah Babar, were in attendance during the proceeding. Unlike previous hearings, a few religious clerics were present inside and outside the courtroom.

The bench restrained the media from discussing, publishing or airing any comment about the proceedings till the announcement of the judgment. During the hearing, the bench pointed out several discrepancies in the statements of the prosecution and the witnesses.

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