M. Sarmad
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As pointed out by Advocate Supreme Court Khawaja Haris Ahmed, this raises a unique problem; can any Muslim ever repeat aloud any blasphemous words about the Holy Prophet, even when required by a court? If not, can any oral blasphemy be proceeded against if requisite testimony cannot be adduced from witnesses? What would then be the quantum of evidence required in such cases? Similarly, a problem would also always arise with any written words that have been subsequently erased or removed, if witnesses cannot repeat those words before a court.
For example in the notorious Salamat Masih Blasphemy case, the Lahore Session Court awarded death penalty to the accused despite the fact that the complainant stated under oath that in view of the danger to his life, he no longer wished to pursue the case, and all three prosecution witnesses, keeping in view the sanctity, refused to repeat aloud the alleged derogatory words on the wall of the mosque that they (i.e. the witnesses) claimed they had wiped out immediately. The High Court later acquitted the accused stating that the prosecution witnesses had failed to prove the case of the prosecution. But damage had been done. One of the three accused (i.e. Manzoor Masih) was killed during the trial, the other two had to flee the country after being acquitted. Their families (as well as 20 other Christian families) had already fled the village. It didn't end here. Four attempts were made on the life of defense attorney (who luckily survived) but Justice Arif Iqbal Bhatti, the senior member of the Lahore High Court bench that acquitted the accused, was later killed by unidentified activists of a religious party that had been threatening him
As pointed out by Advocate Supreme Court Khawaja Haris Ahmed, this raises a unique problem; can any Muslim ever repeat aloud any blasphemous words about the Holy Prophet, even when required by a court? If not, can any oral blasphemy be proceeded against if requisite testimony cannot be adduced from witnesses? What would then be the quantum of evidence required in such cases? Similarly, a problem would also always arise with any written words that have been subsequently erased or removed, if witnesses cannot repeat those words before a court.
For example in the notorious Salamat Masih Blasphemy case, the Lahore Session Court awarded death penalty to the accused despite the fact that the complainant stated under oath that in view of the danger to his life, he no longer wished to pursue the case, and all three prosecution witnesses, keeping in view the sanctity, refused to repeat aloud the alleged derogatory words on the wall of the mosque that they (i.e. the witnesses) claimed they had wiped out immediately. The High Court later acquitted the accused stating that the prosecution witnesses had failed to prove the case of the prosecution. But damage had been done. One of the three accused (i.e. Manzoor Masih) was killed during the trial, the other two had to flee the country after being acquitted. Their families (as well as 20 other Christian families) had already fled the village. It didn't end here. Four attempts were made on the life of defense attorney (who luckily survived) but Justice Arif Iqbal Bhatti, the senior member of the Lahore High Court bench that acquitted the accused, was later killed by unidentified activists of a religious party that had been threatening him