Journeys to democracy

The mindset promoted by the ‘blasphemy’ laws is again highlighted by the recent case of a doctor in Hyderabad arrested for ‘blasphemy’ because he threw the visiting card of a medical representative (Pfizer employee) named Mohammad Faizan into the dustbin.

I have been in correspondence with Asad Jamal, Advocate Lahore High Court, on possible action against those who make false accusations of blasphemy and incite to murder or violence — we were specifically discussing the Maulana who announced a reward of five lakh rupees for killing  Aasiya Noreen, the Christian woman sentenced by a lower court for blasphemy, whose case is going into appeal before the Lahore High Court. (Asad reminded me that in 1995, a similar ‘reward’ (it was then a million rupees, the value has obviously gone down for such murders, given that people are willing to commit them for free) had been offered for killing the minor Salamat Masih. The Lahore High Court acquitted Salamat and his two co-accused but Manzoor Masih, a co-accused in that case, was shot dead outside the court). He writes:
I am copying below the relevant provision of PPC which may be used for such situations. The relevant part starts with ****If (asterisks my own) – it is often referred to as 506-B in FIRs by the police (which is a legal/technical absurdity as there is no such provision). The courts don’t seem to mind. Offences under section 506 PPC are not cognisable (“cognisable offence” and ‘cognisable case’, is one in which a police officer may arrest without warrant). Therefore, permission from a magistrate has to be obtained after getting information of the commission of a non-cognisable offence.

I think the Maulana can be booked under S.506 of the Pakistan Penal Code (PPC) based on the statement which may be viewed as a threat to cause death of Aasiya as the promise of a reward would demonstrate his intent to kill her. This depends on the police and the concerned magistrate, and if none then the provincial government, If convicted the Maulana can be sentenced to a prison term which may extend to seven years or he may be fined or both. If someone acts on the statement and murders Aasiya as a consequence, the Maulana can be charged under s.302, S.109 and S.34 of the PPC for the murder for which the maximum sentence is death.

506. Punishment for criminal intimidation: Whoever commences the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both.

****If threat be to cause death or grievous hurt, etc.: And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Section 109. Punishment of abetment if the Act abetted committed In consequence and where no express provision is made for its punishment: Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code, for the punishment of such abetment, be punished with the punishment provided for the offence.

Section 34. Acts done by several persons In furtherance of common intention: When a criminal act is done by several persons, in furtherance of the common intention of all, each such person is liable for that act in the same manner as if it were done by him alone.

Legal action in such cases can also be based upon section 153-A of PPC in addition to section 506.

Under section 153-A (b) a person who “(b)  commits, or incites any other person to commit, any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities or any group of persons identifiable as such on any ground whatsoever and which disturbs or is likely to disturb public tranquillity shall be punished with imprisonment for a term which may extend to five years and with fine.  such an offence is cognisable by the police i.e no warrant is needed.

Asad adds: I also think that legal action in such cases can also be based upon section 153-A of PPC in addition to section 506.

Under section 153-A (b) a person who “(b)  commits, or incites any other person to commit, any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities or any group of persons identifiable as such on any ground whatsoever and which disturbs or is likely to disturb public tranquillity shall be punished with imprisonment for a term which may extend to five years and with fine.  such an offence is cognisable by the police i.e no warrant is needed.

[153-A. Promoting enmity between different groups, etc.: Whoever,

(a)  by words, either spoken or written, or by signs, or by visible representations or otherwise, promotes or incites, or attempts to promote or incite, on grounds of religion, race, place of both, residence. language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities; or

(b)  commits, or incites any other person to commit, any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities or any group of persons identifiable as such on any ground whatsoever and which disturbs or is likely to disturb public tranquillity; or

(c) organizes, or incites any other person to organize, and exercise, movement, drill or other similar activity intending that the participants in any such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in any such activity will use or be trained to use criminal force or violence or participates, or incites any other person to participate, in any such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in any such activity will use or be trained, to use criminal force or violence, against any religious, racial, language or regional group or caste of community or any group of persons identifiable as such on any ground .whatsoever and any such activity for any reason whatsoever cause or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community shall be punished with imprisonment for a term which may extend to five years and with fine.

Explanation: It does not amount to an offence within the meaning of this section to point but, without malicious intention and with an honest view to their removal, matters which are producing, or have a tendency to produce, feelings of enmity or hatred between different religious, racial, language or regional groups or castes or communities].

Filed under: Blasphemy Laws | Tagged: aasia bibi, aasiya, blasphemy law, doctor accused blasphemy, libel, Pakistan |