October 17, 2002	Thursday	Sha'aban 10, 1423

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LAHORE, Oct 16: A division bench of the Lahore High Court has ruled that blasphemy cannot be attributed to a Muslim.

Comprising Justice Ali Nawaz Chohan and Justice Rustam Ali Malik, the bench gave the ruling while accepting the appeal of Muhammad Mehboob of Khushab against his conviction in a blasphemy case by an anti-terrorism court.

He was sentenced to death, rigorous imprisonment for 10 years and a fine of Rs50,000 on charges of pasting posters containing sacrilegious remarks on the walls of a mosque in Khushab.

Disposing of the appeal and ordering the release of the appellant, the judges observed in their judgment that “in case a Muslim commits the offence of blasphemy under Section 295-C of the Pakistan Penal Code it will amount to apostasy and he becomes a apostate murtad (a person who repudiates Islam after embracing it).”

The appeal was accepted because the appellant denied the allegations and pointed out that those who had accused him of blasphemy belonged to another religious sect. Moreover, the evidence of the general public had not been recorded in the case and the police had fabricated evidence by procuring markers from the bazaar. The investigation had been conducted by an ASI having no elaborate religious knowledge.

The learned judges directed the Inspector General of Police, Punjab, to ensure that an investigation of a blasphemy case is entrusted to a team of at least two gazetted investigation officers preferably conversant with Islamic jurisprudence. In case the officers are not conversant with Islamic law a scholar of repute and integrity might be included in the team.

The police should proceed in the matter only if the investigating team finds the accused guilty of blasphemy. The trial of a blasphemy case should be held by a court presided over by a judicial officer not below the rank of a district and sessions judge.