by Dr. Emanuel Adil Ghouri
Pakistan is an Islamic country where the majority religion is Islam, while 4 percent of the population consists of minorities, including Hindus, Sikhs, Christians, and others. Although the country’s constitution guarantees the protection of life and property for minorities, many unpleasant incidents have left them insecure. One reason for this insecurity is the misuse of the blasphemy law. We agree that if a person commits blasphemy, he must be punished according to the law. Pakistan’s blasphemy laws allow for severe punishments by court order, including mandatory death sentences for certain crimes. But it has been observed that since some religious parties have entered politics, they have created incitement regarding this law to increase their political popularity and have promoted extrajudicial killings. No one has been judicially sentenced to death by the state for blasphemy. Instead, dozens have been killed by angry mobs, militants, and even law enforcement officials, often before their trials are complete.
Human rights groups such as Amnesty International and Human Rights Watch estimate that at least 80 to 90 people have been extrajudicially executed in connection with blasphemy charges since 1990. Critics say the laws are often misused to pursue personal animosity and personal goals, targeting Pakistan’s religious minorities. Sometimes extremists burn down dozens of churches and Christian settlements after accusing just one person.
The Gojra, Shanti Nagar, Joseph Colony (Lahore), and Jaranwala tragedies are historical examples of this. Unfortunately, those who committed these violent acts have not been punished to date. So far, more than 2,000 people have been charged under blasphemy laws. Some of the accused have been sentenced to death by local courts. In 2021, this number was estimated at about 40 people who were facing the death penalty or life imprisonment for the crime. The courts are afraid and show disinterest in hearing cases based on these allegations, or local courts free themselves by sentencing the accused to death. Higher courts have acquitted many people of these charges with honor after eight to ten years, but in the meantime, their lives have been destroyed.
The U.S.-based non-governmental organization Clooney Foundation for Justice (CFJ) has released details about the slowness of the judicial system. The foundation prepared a report after monitoring 24 blasphemy cases in Lahore, the largest city in Punjab, for six months in 2022. According to the report, a total of 252 hearings were scheduled in the courts, out of which 217 were postponed. Due to these postponements, detainees are forced to spend extended time in prison. This report clearly shows that the legal process is delayed, unfair, and discriminatory.
More than 100 petitioners affected by this law filed a petition in the Islamabad High Court to form a commission. While giving his verdict, High Court Judge Justice Sardar Ijaz Ishaq Khan, in an order regarding the formation of a fact-finding commission on blasphemy, directed the federal government to establish this commission within 30 days and said that the members of the commission would determine whether the blasphemy law is being misused.
The integrity of the Islamabad High Court (IHC) is at stake after it decided to form a commission to investigate the misuse of blasphemy laws, angering religious hardliners. Security around the court has been increased due to threats, and the government has promised action against those who issued them. The situation is part of a larger pattern of pressure on Pakistan’s judiciary when dealing with sensitive blasphemy cases. Jamiat Ulema-e-Islam (F) leader Maulana Fazlur Rehman allegedly directly threatened IHC Justice Sardar Ijaz Ishaq Khan and demanded his order be withdrawn, leading to a two-judge bench of the High Court quashing the decision two days later.
Continuous threatening statements by religious extremists are an obstacle to justice. Consider a statement by Dr. Raghib Naeemi, Chairman of the Council of Islamic Ideology. He says that after he declared the fatwa on the death of the Chief Justice of Pakistan as haram, he immediately received about 500 threatening messages, some of which were abusive. He added that sensible elements in religious circles are afraid of extremists.
In view of the above circumstances, the legislative bodies should add to this law a provision stating that if the prosecution fails to prove its allegations and any element of personal gain or personal enmity is found, then the accuser should also be declared guilty of contempt and punished according to the same law. Under the current law, the action that can be taken against the prosecutor is very modest. Those who make false accusations are sentenced to only six months in prison and a small fine, while those who are accused spend half their lives in prison.
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