Hotline Asia Urgent Appeals -- UA051007(6)

Miscarriage of Justice, Procedural Delays under Blasphemy Laws
~ PAKISTAN ~
[Subject: Judical Procedure]
7 October 2005

Action Requested || Sample Letter || Background
Please respond before 31 October 2005
update

 

Summary

Mr. Ranjha Masih of Faisalabad (at Punjab Province, South of capital Islamabad), a bus hawker, was charged under the Blasphemy Laws and sentenced to life imprisonment in 2003. His appeal for review of judgment has been pending for two years without progress.

Mr. Ranjha Masih was caught under Section 295 - C of Pakistan Penal Code, allegedly by some Muslims, when a demonstration was being staged on 8 May 1998, following the self-sacrifice of Bishop John Joseph. (Bishop killed himself in front of a court house to protest against the death sentence awarded to Ayub Masih, another Christian convicted under the Blasphemy Laws, and to draw international attention to the injustice of the laws.) Mr. Ranjha Masih was accused of allegedly pelting stone and desecrating a signboard inscribed with Holy Kalima (a proclamation of Islamic faith). He was given life imprisonment on 26 April 2003. His appeal for review of judgment has not been heard after a lapse of two years in Lahore High Court.

Mr. Ranjha Masih is 56 years old and in the case of blasphemy, very often the accused is at the risk of torture or murder. The Blasphemy Laws adopted in Pakistan Penal Code in the 1980's, according to human rights groups, are used against religious minorities and for settling personal vendettas and land disputes.

 

Action Requested

Please write polite letters expressing your deep concern and request the authorities to:

  • Ensure that Mr. Ranjha Masih's case is heard in due time and given a fair hearing as soon as possible;
  • ensure the safety of Ranjha Masih, his family, sympathizers and lawyers;
  • review the effects of Blasphemy Laws in the community; and
  • repeal the Blasphemy Laws since they do not serve to ensure religious as well as social harmony among the citizens.
Send letters to:    
H.E. Pervaiz Musharaf
President of Pakistan
President House
Islamabad - Pakistan
Fax: +92-51-9270 266
+92-51-9270 269
+92-51-9224 836
Send copies to:    
H.E. Shaukat Aziz
The Prime Minister of Pakistan
Prime Minister Secretariat
Islamabad - Pakistan
Fax: +92-51-9204 632
+92-51-9221 596
Honorable Mohammad Wasi Zaffar,
Federal Minister for Law, Justice and Human Rights
Pak - Secretariat, Islamabad
Pakistan
   
Justice Iftikhar Muhammad Chaudhary
Chief Justice of Pakistan
Supreme Court of Pakistan
Constitutional Avenue
Islamabad - Pakistan
Fax: +92-51-9213 452
Diplomatic representative of Pakistan in your country    
 

Sample Letter

We write with deep concern about the sentence of life imprisonment on Ranjha Masih, a Christian charged under Section 295 - C of Pakistan Penal Code, on 8 May 1998 at Faisalabad. For two years, his appeal has not been considered worthy of hearing in Lahore High Court, causing a miscarriage of justice.

It has been reported that there is a widespread of abuse of the Blasphemy Laws because they are inherently flawed and jeopardize the social and inter-religious harmony. Moreover, the Blasphemy Laws violate international standards of justice and human rights.

We request you to look into the case of Mr. Ranjha Masih and ensure a fair hearing is conducted as soon as possible. We also urge you to ensure the safety of his family, supporters and lawyers. We urge the government of Pakistan to review the effect of Blasphemy Laws and consider repealing these discriminatory laws in the Pakistan Penal Code. We expect that your government would uphold and protect the dignity of every citizen in the country.
 

Background

In 1980's Pakistan Penal Code (PPC) was amended to include five offences pertaining to the religion of Islam (Sections 295 - B & C and 298 - A, B & C). Apparently the purpose was to defend the honour of the Holy Quran, the Holy Prophet of Islam, His wives and other Holy personages of Islam.

According to these "Blasphemy Laws" anyone who directly or indirectly made insulting remarks against any Holy personages of Islam will be liable to three years imprisonment (298 - A), insulting the Holy Quran is liable to life imprisonment (295 - B) and defiling the name of the Holy Prophet (PBUH) is punishable with death sentence or life imprisonment (295 - C).

The Blasphemy Laws have a history of abuse. According to the sources, these laws are convenient means to settle personal scores and have become a tool of exploitation because of this ambiguity. They are cognizable offence, making the arrest of a person possible without a prior permission of a magistrate.

Contradicting the reported purpose, these laws have casted negative effects on the society. According to a report in May 2005, at least 647 individuals had been charged with blasphemy in Pakistan since 1988. Of these 647, about 50% were Muslims, 37% Ahmadis, 13% Christians and 1% Hindus.

During this period, 20 persons accused of blasphemy were murdered extra-judicially after being accused of blasphemy.

102 blasphemy accused have been acquitted since 1988, mostly by the superior courts. These cases were manifestedly lodged to persecute the accused for their religious beliefs and allegedly for financial or personal gains of the complainants. A former Lahore High Court judge, Justice Arif Hussain Bhatti was murdered by a religious extremist, reportedly because he has acquitted a blasphemy accused. A number of lawyers and journalists have been harassed for defending people accused of blasphemy accused and campaigning for repeal of Blasphemy Laws.

The life of individuals accused of blasphemy becomes miserable: they are often chased by religious zealots, prosecuted by the state and forced to go in hiding under spurious charges. The local source believed that both Muslims and non - Muslims suffer alike, not because the laws treat all equally, but that it is open to misuse against anyone.

For more information about the victims of the Blasphemy Laws and related injustices since 1998, please refer to Urgent Appeals
UA980505(3), UA000525(8), UA001103(16), UA010905(9), SUA010113(1) and SUA010802(3) issued by Hotline Asia.

 

Please remember to send copies of your letters to Hotline Asia for monitoring purpose.
Thank you for Your Continued Support!!