Offence against any religion comes under blasphemy law: CJ
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ISLAMABAD: Chief Justice of Pakistan Tassaduq Hussain Jillani on Tuesday remarked that according to Pakistan Penal Code’s Article 295, offence against any religion comes under the blasphemy law while expressing annoyance for non-registration of cases against culprits involved in setting Hindu temples ablaze in Sindh.
He expressed these remarks while chairing a three-member bench in a suo motu case over Peshawar Church bombing and rights of minorities.
The chief justice announced that due to importance of the case, the court would appoint amicus curiae including Munir A. Malik, Khawaja Haris and Hassan Aurangzaib who would assist the court in the matter without charging any fee.
He also directed the minorities representatives to submit a report which indicates sections where the material has been used to abuse the minorities and identify areas where law enforcing agencies failed to secure their lives and property.
Justice Jillani said that the court would share grievances of the minorities, hinting establishment of a new force to safeguard the minority communities.
Pakistan Muslim League-Nawaz (PML-N) MNA Dr Ramesh Kumar apprised the court that during last two months six untoward incidents happened with the Hindu community where their temples were set ablaze and their religion was not properly honoured and miscreants were not brought to book.
He said that four of the incidents come under the blasphemy law.
Related: 5,000 Hindus migrating to India every year, NA told
Additional Inspector General (AIG) Sindh Police Ali Sher Jhakrani informed the court that the police has arrested five suspected criminals involved in torturing people belonging to minorities but cases were not registered under the blasphemy law.
The chief justice directed him to submit a detailed report over the action taken by police in this context within a week.
The court also directed Advocate General Khyber Pakhtunkhwa to submit a detailed report over the Hindu samadhi in Karak district.
Salim Michael, a member of Justice Helpline informed the court that Young Man Christian Association is a prestigious institution based in Karachi. He complained that the building was being misused by some people and the matter was subjudice in the Sindh High Court (SHC) for a while.
He said the SHC had appointed a ‘Nazir’ – a court official who serves processes, acts as treasurer, and performs other similar duties – to look after the affairs of the club till final decision.
Dr Ramesh Kumar apprised the court that according to the Liaqat-Nehru pact, the chairman of the evacuee property trust should be a Hindu.
On this, the chief justice remarked that the political situation among the two nations was not good so that the accord was not implemented on both sides but the apex court is trying to facilitate them on humanitarian grounds.
During the hearing, the chief justice also hailed the role of Indian Supreme Court for the welfare of minorities in India.
Later, the court adjourned the hearing for one week.
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Comments (77) Closed
May 13, 2014 07:37pm
Looks like only Pakistani Judiciary can take Pakistan out of the present mess to Jinnah vision of Aug 11,1947
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May 13, 2014 08:03pm
ray of hope for the deserted minorities of Pakistan.
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May 13, 2014 08:04pm
Why is that we don't understand that if we don't respect other religions, no follower of other religions will respect our religion?. When are we going to stop playing this "ours is better than yours" game?.
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May 13, 2014 08:06pm
Finally some sensible commens. Either you completely abolish the law or apply same law to all religions. Exisitng law is inhuman and unfair that Muslims can bash other religions .
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May 13, 2014 08:15pm
Excellent. Its true all people of different religion should be protected, that is also very Islamic too.
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May 13, 2014 08:16pm
Kudos to Pakistan judiciary, but blasphemy law should be repealed.
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May 13, 2014 08:21pm
Thank you h onorable judge for taking such a bold step.
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May 13, 2014 08:33pm
CJ of Pakistan needs to be commended for his bold stand on blasphemy laws towards minority communities in Pakistan. A few days back, a photograph of a half burnt Guru Granth Sahib, the holy book of the Sikhs from Pakistan was uploaded by a relative on my WhatsApp account which gives a poor picture how minorities are suffering at the hands of the sectarians in Pakistan but I am sure that no case against the accused would have been registered under blasphemy laws or otherwise.
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May 13, 2014 08:34pm
As a Hindu, I do not support any law like blasphemy for Hindus . My faith requires no approval from fellow humans, and I don't want death for those who say bad things for my religion.
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May 13, 2014 08:52pm
@Shri You do realize that the blasphemy law was promulgated by the British. It has no basis in Sharia.
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May 13, 2014 09:00pm
Blasphemy law cannot be repealed/fixed unless there is a uniformly agreeable interpretation of Islam across the nation. And just remember that we are Non-Arab Muslim nation. Non-Arab is very important. Arabs are not custodians of this religion.
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May 13, 2014 09:03pm
@Shri totally agreed. My religion and my interpretation of it is my personal belief. I don't want to punish someone who has a different interpretation or a disagreement or criticism on Hinduism, or make it a political issue and subject it to government interference. I would rather ignore and move on - live and let live. Frankly there is enough wrong in practices of people representing every religion.
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May 13, 2014 09:06pm
We must respect every religion. Every Pakistani is my brother and sister regardless of race, faith, and religion. These people who are killing minorities must be punished, and sooner the better.
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May 13, 2014 09:07pm
In a country of majority Muslims, do you honestly think someone from another faith can file a complaint and get justice? I think Blasphemy laws should be restricted to "physical damage" - such as burning of mosques, churches, temples, etc. Verbal attacks are very hard to prove and it will always be minorities that will be charged. Furthermore, what about when we blow up mosques ourselves - would that be considered a "hate" crime and come under blasphemy laws?
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May 13, 2014 09:08pm
If our religions are strong, we don't need any blasphemy laws. If a religion gets damaged or emotions get hurt merely by some words, then our religious conviction is not strong enough. Unfortunately, we south asians are emotional fools and take 'blasphemy' way too seriously.
In some ways, the westerners are way too mature and open minded. You can sell undergarments with Christ's pictures and no one bothers. Some can boldly say they are atheists or not religions. But we hindus/muslims are ready to kill others in the name of petty religious comments.
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May 13, 2014 09:15pm
@Shri Well said Shri!!! t policy is live and let live - if you like tenets of Hinduism, join us .... if you do not ... let us live.. you go and find your religion that gets you peace of mind!
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May 13, 2014 09:20pm
@kamaljit Singh
Dear Kamaljit, I wish I was as hopeful as you are. Unless the majority of Pakistan starts respecting other religions, Pakistan, as a nation is doomed.
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May 13, 2014 09:22pm
Finally a sane voice. So glad to read his statement.
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May 13, 2014 09:22pm
Thank you CJ. It will certainly help the public opinion towards getting rid of this draconian law if some Muslim fanatics were severely punished under this law for insulting other religions.
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May 13, 2014 09:24pm
Blasphemy law is not required for Hinduism. My religion teaches tolerance! (Meditation for Peace).
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May 13, 2014 09:26pm
Jinnah wanted everyone to be treated equally in Pakistan. I am affraid CJ may become target of those self proclaimed custodians of religion. Just because he spoke truthfully, he could have offended many who think blasphemy laws should be applied from one side only. This law should be repealed..
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May 13, 2014 09:38pm
Instead of blasphemy laws there should be laws for
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May 13, 2014 09:39pm
Blasphemy law should be repealed, however burning and destruction of property should be treated as a criminal act and punished appropriately, there should be no death penalty for criticizing anybody's religion (though it's impolite to do so)
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May 13, 2014 09:40pm
Good stance... Wish good luck to CJ that he may not influenced by MULLAHS who pressurized Honorable Judges in the cases of GOVERNOR PUNJAB AND MINORITY MINISTER (WHO WERE BRUTELY KILLED BY EXTREMISTS)
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May 13, 2014 09:45pm
I'm scared for his life. He may end up meeting the same fate as late Salman Tasir.
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May 13, 2014 09:53pm
It is good indication by the Chief Justice. However, has police enforced and applied it to destroying Hindu Idols, destruction of churches, and attacks against other religious groups and their religious places? The answer is "no". Remove the name of Islam and Allah from the Blasphemy Laws and change it to any Gods of any religion and force police to enforce it.
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May 13, 2014 10:05pm
Pakistan needs to dump the blesphamy laws and enact new laws to take into account physical, emotional, economic , financial, freedom of domicile, employment, freedom from harassment,violence, freedom of movement and expression and belief and worship.
Zia ul Haq's Blesphamy laws make Pakistan a world laughing stock. How much abuse of the law is needed before it is repealed? Obviously, there is money in it but it is a bullying tactic to harm and to dispossess people
Quit embarassing yourselves with petty personal revenge that hides behind faith and "Blesphamy"!
Don't Pakistani police, lawyers, courts and justice department have better things to do with their TIME and the
nation's taxpayers' MONEY?
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May 13, 2014 10:06pm
Why doesn't Dawn have
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May 13, 2014 10:12pm
I seriously fear for his life,,
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May 13, 2014 10:12pm
@Zobia Khan The Blasphemy law under the British was not the law that we practice in Pakistan today. Marad Mujahid Zia Ul Haq changed it during his Islamic reformation, which this country loves soo much...... Kudos to the CJ for his comments, the wrath of this law should be felt by the people who are so use to using it to their advantage, until the Islamic Republic of Pakistan returns back to where it was in the 70s
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May 13, 2014 10:16pm
@Zobia Khan by the british? In Pakistan it was introduced by Zia.
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May 13, 2014 10:22pm
@Suvi: "Hujjati" people are a pain in the neck! if one feels one's faith is mis-represented, one can speak pu, write to a newspaper or online to clarify matters. Interpretations of religious matters will never be reconciled by violence and court action. Faith is personal and believers should defend their faith with tolerance and discourse not "debate whose faith is better".
Lastly: Live your faith with TOLERANCE AND COMPASSION. Violent imposition of faith defeats the aggressor and the faith in small and very dangerous ways in the long run. Please read about religious beliefs which have become obsolete and for some, there are no records to recreate them. TODAY'S BULLY CAN BE TOMORROW'S VICTIM!
One's faith does not make him/her better than others as humans! Neither do MONEY and POWER! Watch how the once powerful fall all about us!
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May 13, 2014 10:35pm
@Shri That is a very admirable thing you just said.
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May 13, 2014 10:36pm
@jiyala Agreed. CJ stuck his neck out.
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May 13, 2014 10:37pm
@Rajesh: It is actually part of human nature to take the best from all cultures and become better ourselves. However, the idea of the exclusivity of faith hinders that natural human instinct to learn from others. Imagine people walking around with boxes over their heads and then wondering why they are in the dark! When we can't learn from others who are distinct from us, we fail.
Then, in fear and superstition, we lash out at others. We impose, not discuss, our implacable views on others!
The Prophet's flight from Mecca to Medina, Jesus Crucifixion, Socrates' hemlock, Martin Luther King's assassination,
Gandhi's,too, are all examples of fear and aggression from fear of new ideas. Gallileo was put under house arrest and force to
recant his science that the Earth revolved around the Sun, not the Sun around the Earth!
New ideas and scary to many people, and they punish people they don't understand!
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May 13, 2014 10:44pm
@jiyala he'll be safe once he retires!
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May 13, 2014 11:09pm
Hats off to you, Justice Jililani. A right voice in the right direction. Please be careful with your guards !!!
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May 13, 2014 11:13pm
Well Mr. CJ, by that logic, at least 45% of Pakistani could go to gallows for blasphemy if not 80%.
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May 13, 2014 11:26pm
What he has said in not new.....its always been there. The only problem is that it is not implemented in letter or spirit, especially at the lower level and the senior judiciary knowing this does nothing to correct it.............so saying what is right is good but ensuring that it is done is better.
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May 13, 2014 11:26pm
@Gaurav I agree. Blasphemy law should be removed from the books - period. No other country has this kind of law. The CJ, instead of saying other religions should also be covered by this law, should declare this law unconstitutional.
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May 13, 2014 11:30pm
A very good observation by the Chief Justice. This is like a breath of fresh air in the stale air created by Taliban in the name of religion. We hope Taliban and Taliban sympathizers will take offence from this. In any case Chief Justice Jillani should be more careful with his security.
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May 13, 2014 11:38pm
Chief Justice of Pakistan Tassaduq Hussain Jillani, I congratulate you for the bold initiative you have taken to strictly implement, Pakistan Penal Code
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May 13, 2014 11:45pm
"expressing annoyance for non-registration of cases against culprits involved in setting Hindu temples ablaze in Sindh.".
And why were the cases not registered.
The answer is simple but no one can dare to be honest. You would have hundreds of thousands of people coming out on the streets.
When will be get the courage to call the spade a spade.
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May 13, 2014 11:58pm
Remarks, comments,etc. Our judges now adopts bureaucratic and diplomatic approach, and people starts clapping,as they saw the awami style oldboy iftikhar chowdry.
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May 14, 2014 12:16am
Pakistani Muslims are maturing up .
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May 14, 2014 12:56am
I knew he can deliver ..finger crossed! he has a long way to go ....Tassaduq Hussain Jillani is the man!!
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May 14, 2014 01:19am
Finally someone has spoken for our helpless minority, so now it means one of his fanatic guard is going to kill him. What about responsible of systematize killing of Hazaras shias, Ahemdis and Christians??? How do we deal with Our PM, Ch Nisar and Chief of Army Staff, who are negotiating the next killing ground with the killers Talibans????!!!!
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May 14, 2014 01:30am
Thank You Chief Justice Jillani for looking in to the issue of minority's worship places. Minorities are Pakistani, regardless of their religion they are one of us. We are obligated to protect them and protect their places of worship. Mr. Jillani would you put the pressure on Pakistani government to do more to protect our minority Citizens, their Churches, Temples and Mundars. Terrorist and murderer have no place in ISLAM.
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May 14, 2014 01:34am
Supreme Court is correct and bold but all is alone and not effective in terms of actual implementation of its decisions. Lower courts and law enforcement agencies are not on the same page so justice cannot be served. In a simple matter of tenant eviction from my property in Islamabad , I have spent 12 years and finally received judgements in my favor from high court and Supreme Court which have not been implemented by the civil court. Seems like the lower courts do not take the Supreme Court's decisions seriously while people continue to suffer.
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May 14, 2014 01:43am
@Gaurav
The Judge is just lying. Look at Ahmedias, true Muslims of Pakistan and the way you treat them.
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May 14, 2014 02:12am
Chief Justice of Pakistan Tassaduq Hussain Jillani has right notion of justice. So many other countries manage to exist without any blasphemy law and also we survived for so many years without such a law! It is being misused continuously.
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May 14, 2014 02:15am
@kamaljit Singh Can you people grow up and stop playing the blame gave. History is history,even your own leaders blame the congress party so grow a pair and admit your mistakes.
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May 14, 2014 04:08am
No religion is above than humanity, abolish blasphemy law
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May 14, 2014 04:08am
Mr. Cheif Justice, What about Ahmadies? Anyone insulting their religion will also be punished?
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May 14, 2014 04:45am
Protection of lives and properties of all citizens is the responsibility of the government. All citizens are suffering violence physically or psychologically, however minorities are under constant threat and need immediate attention of all concerned. It is good that CJ has taken notice of it but at the same time, Government should be equally concerned and engaged to rectify this situation as soon as possible taking both long term (e.g., school education to teach children importance of rights of minorities) to short term (arrest and punish the culprits). Media should also actively propagate for the rights of minorities. Any society without justice cannot survive in long term.
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May 14, 2014 05:41am
My gratitude to the honourable CJ for at least feeling the pain of minorities. It will be good if the court can also do something against forced conversion of girls of minority communities.
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May 14, 2014 05:54am
CJ is right, even according to Sharia, in a Muslim majority state, its Muslims and state's responsibility to protect minority rights and their places of worship!
State should act and punish who are responsible.
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May 14, 2014 06:18am
@Shri Thank you! Absolutely agree.
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May 14, 2014 06:22am
@Zobia Khan Yes, do something about it!
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May 14, 2014 08:05am
Excellent thoughts Mr. Chief Justice. But who is going to bell the cat? Are you going to request an FIR?
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May 14, 2014 08:05am
Good move. Could not expect such boldness from anyone else.
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May 14, 2014 08:31am
I think that is the correct interpretation of Blasphemy Law. I like it. Police and people should be made aware of it.
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May 14, 2014 08:33am
If Mullahs start teaching in their Friday sermons what Islam teaches about peace, and about the rights of Non Muslims, this situation will never occur even if the blasphemy law is not there.
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May 14, 2014 08:59am
Appreciate the judiciary for acknowledging the issue and taking action on it.
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May 14, 2014 11:29am
Blasphemy law is applicable only when Islam is supposedly under attack. It is a one way street . Present government of Nawaz Sharif like the government of Zardari won't do any thing to prevent discrimination against minorities. SC should take suo motu control over the issue.
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May 14, 2014 11:43am
@Zobia Khan Then why are you still following the British law?
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May 14, 2014 12:06pm
Too late. Where are the 30% from the time of independence? Now reduced to 1%? Really? Baburism and Ghaznism ingrained in thoughts would never improve.
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May 14, 2014 12:18pm
Yes it sounds great that our chief justice has given such stance but does it really mean anything? We insult others' Gods and religions publicly and openly all the time. One needs to look no beyond than our stage dramas. The way we insult Hindu Gods, for instance, most of our society should be hanged if we were to follow CJ's remarks and take criticism on Islam and on any other religion equally seriously.
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May 14, 2014 12:46pm
@Khalid , Dear Sir , It is because Our so called Ulema/Muftis/maulanas , HAVE FORGOTTEN the real message of Almighty Ullah mentioned in the Holly book Quran , I quote with my understanding of the message " Do not laugh or belittle other people ' non beleivers in Allah ' belief and their God else those people will say bad words about Rabb ul aalamin ... another verse says " do not laugh or make fun of other ladies ' read non muslim ladies ' , it could be that they might be more close to the the rabb ulaalamin , than your own ones " ............. In my humble opinion , our such bigot religious leaders , have forgotten the preach such teaching soon after the end of 4th khalif's shahadat ..... and hence the onset of so called protection of din and honor of prophet Mohammad ( PBUH ) under man made religious rules total contrary to the Divine message .... In this context , I think , the uttering of the Chief justice is a welcome sign , provided that he can have courage to walk his talk ........ he will be following in the real foot step of Quran and its teaching towards the other believers/religions ........... May God give him divine help to do that
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May 14, 2014 01:35pm
Islam clearly prescribes that the rights of non Muslims should be protected if they pay the prescribed tax to the government. Minorities are very much paying the prescribed taxes, so who so ever abuses their basic rights of the should be subjected prosecuted & if found guilty be punished.
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May 14, 2014 02:35pm
Good to make a law and making it applicable is different. I challenge in next 10 years even where a single muslim is punished if he says anything against any other religion. Making anti Hindu statements on national TV is a routine in Pakistan. How would you change your way of life
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May 15, 2014 10:26am
Blasphemy should reside strictly in the realms of religion, NOT the realm of law.
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May 15, 2014 10:29am
@Ganga Din Laws are enacted and repealed by parliament. Although public consultation is wise. legally, it is not required.
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May 15, 2014 10:30am
@independentthinker Physical damage is covered by property and vandalism laws. Blasphemy laws need to be repealed completely.
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May 15, 2014 01:10pm
Reading the following comments... Folks it is a delicate issues. it has to be addressed with great caution and care. it needs to be debated in an open forum where all the religious people and think tank can agree to a common ground. offending any one due to a different belief is very sensitive matter.The problem with writing about religion is that you run the risk of offending sincerely religious people, and then they come after you with machetes.let us create a tolerant society.for I do not feel obliged to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use. There are many of us that are willing to do great things for Allah, but few of us are willing to do little things that is to love one another
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May 15, 2014 02:44pm
@Guest64 I am sure most of us appreciate and welcome your 'fair' comments. However, it would be, also, appreciated, if you quote the Quran, then, please also state the chapter and verse so that we can also verify the authenticity and also develop our learning & development. The quotation does not appear to be a 'verbatim translation' of the English Quran but 'effective translation' what has been said, and that's what prompted me to reply?
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May 16, 2014 05:12pm
@Ashleq Beautifully and wisely said. Freedom for all, or freedom for none.
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