Dear reader, online ads enable us to deliver the journalism you value. Please support us by taking a moment to
Supreme Court reserves verdict on Aasia Bibi's final appeal against execution
A special three-member bench of the Supreme Court on Monday reserved its judgement on the final appeal against the execution of Aasia Bibi, a Christian woman sentenced to death for blasphemy.
Chief Justice Mian Saqib Nisar, Justice Asif Saeed Khosa and Justice Mazhar Alam Khan Miankhel were hearing Bibi's 2014 appeal against the capital punishment handed to her.
While reserving its verdict on the appeal, the chief justice warned media against commenting on or discussing the case until the apex court's detailed judgement has been issued.
No date has been announced by the court for when the verdict will be announced.
Allegations against Aasia Bibi
Aasia Bibi was convicted for blasphemy under Section 295-C of the Pakistan Penal Code for allegedly defaming Prophet Muhammad (Peace Be Upon Him). The offence carries the mandatory death penalty under Pakistani law.
Read: What you need to know about Aasia Bibi's trial
The allegations against Bibi are that she made three “defamatory and sarcastic” statements about the Holy Prophet on June 14, 2009 during an argument with three Muslim women while the four of them were picking fruit in a field.
The prosecution had claimed that Bibi “admitted” making these statements at a “public gathering” on June 19, 2009 "while asking for forgiveness".
A trial court had convicted Bibi for blasphemy in November 2010 and sentenced her to death. The Lahore High Court (LHC) had upheld her conviction and confirmed her death sentence in October 2014.
The Supreme Court had admitted her appeal for hearing in July 2015.
Lawyer says witnesses lied in statements
Bibi's lawyer, Saiful Mulook, today questioned why the June 14, 2009 incident had been reported on June 19.
He also recalled that a case was filed against Bibi by a prayer leader in the village of Katanwala in Nankana Sahib, according to which Aasia Bibi had confessed to committing blasphemy.
"Are these things on the record?" the chief justice asked the counsel.
"What we can conclude from your statements is that the prayer leader himself did not witness the incident as it happened," Justice Khosa observed during the hearing. "No blasphemous language was uttered in the presence of the prayer leader."
The lawyer also said that, "No permission to file the FIR was taken from the district coordination officer or the district police officer."
Aasia Bibi and the two Muslim women had had a heated exchange when the argument broke out, the lawyer told the court. The reason behind it was that the women had refused to drink water from the same bowl as Aasia.
The statements of the Muslim women, Asma and Isma, were found to be contradictory, the lawyer pointed out.
At this, the CJP asked the lawyer why he had not given arguments regarding the contradictions when the case was being heard by lower courts.
Justice Nisar also observed that the witnesses had not testified to Bibi disrespecting the Holy Prophet, but instead had described the incident that had taken place in the agricultural field.
The lawyer recalled that, according to a witness statement, the owner of the land where the incident took place had also claimed to be present when Aasia 'confessed'.
"All the witnesses were trying their best to ensure Aasia does not get away," he added.
The investigation was faulty and grounded in malicious intent. In such a situation, Section 295-C is inapplicable, the lawyer argued.
The CJP also wondered whether the assistant superintendent police's probe into the matter could be relied upon, to which the lawyer replied that police had wrongfully registered the case.
"The witness testimonies did not state that she had used blasphemous language for the Holy Quran," he said. "No blasphemous words were used at all. Aasia, in her statement, said that she could not even conceive of committing blasphemy," Saiful Mulook stated for the court.
He added that she respects Islamic education and the Holy Prophet "with all her heart".
"She simply had an argument with two women. During that argument, they exchanged harsh words," the lawyer said.
"What kind of incident is this? That you were argued with, harsh words were used for you, and then the case was also filed against you?" the CJP wondered.
"Are you suggesting that it is possible that the person who filed the case — the prayer leader — is acting on someone else's behest?" Justice Khosa asked. "That he is a frontman and someone else is behind him?"
"It is possible that this is the case," the lawyer said. He went on to reiterate that the witnesses were "lying".
The lawyer also informed the bench that Bibi, who is an illiterate woman, was referred to as a Christian preacher in the FIR, when she cannot be considered so.
"This reflects ill-intention [on the part of the complainant]," he added.
Complainant's arguments
Ghulam Mustafa Chaudhry, the lawyer representing complainant Qari Islam, argued that Bibi had used blasphemous words regarding the Prophet.
"These [blasphemous statements] are the same words that Christians [who resort to blasphemous acts] usually use," he said.
Chaudhry also asked why the appeal against the trial court's verdict was filed after a delay of 11 days. He also claimed that neither the incident [during which the alleged blasphemous remarks were uttered] nor the presence of the accused and the witnesses was denied in that appeal.
"The accused has confessed to her crime," he further stated.
However, Justice Khosa remarked that it was possible that the blasphemous words that Bibi was accused of uttering were actually made by the lawyer who drafted the complaint against her.
Justice Khosa then repeated his observation that the imam of the mosque had not been a direct witness to the incident.
"[However,] he [the imam] later became a crusader [seeking justice]," he said, noting that a mosque imam's word would be generally respected by locals due to social conventions.
Justice Khosa also wondered why each witness had given a different statement on the panchayat.
"The reverence for the Prophet (PBUH) is part of our faith," the judge remarked, asking the complainant's lawyer to support his arguments with evidence.
"It hurts the entire nation when an accused is acquitted due to technicalities," he said, ostensibly pointing at the weaknesses in the evidence brought forth.
Justice Khosa also took notice of two of the prosecution witnesses' statements, which alleged that Bibi had uttered the blasphemous remarks after her own religion was attacked.
"You cannot attack another person's religion. God has forbidden insulting others' religion or their gods," he noted.
"Our own faith [as Muslims] is not complete without a declaration of faith in all messengers [of God] and all the divine books," he further noted.
"There is a lot of contradiction between statements given by the people [involved in this case]," the CJP concurred.
"Blasphemy is a heinous crime," he observed. "[But] it remains to be seen whether the allegations [against Bibi] were proven."
The judge directed the complainant's lawyer to present evidence based on testimonies. "A lot is being done to defame Islam," the chief justice said, "[And it seems that] all this is being done to incite us."
Aasia Bibi's case
The allegations against Aasia Bibi date back to June 2009, when she was labouring in a field and a row broke out with some Muslim women she was working with.
She was asked to fetch water, but the Muslim women objected, saying that as a non-Muslim she was unfit to touch the water bowl.
The women later went to a local cleric and accused Bibi of blasphemy against the Holy Prophet, a charge punishable by death under legislation that rights groups say is routinely abused to settle personal vendettas.
In 2011, former Punjab governor Salman Taseer, who spoke out in support of Bibi, was gunned down in broad daylight in Islamabad. His assassin Mumtaz Qadri was executed in 2016 after the court found him guilty of murder.
Bibi's supporters maintain her innocence and insist it was a personal dispute, and the Vatican has called for her release.
The top court had last taken up the appeal in October 2016, but had to adjourn the matter without hearing after one of the judges recused himself from the SC bench.
Successive appeals had been rejected.
If the bench eventually upholds Bibi's conviction, her only recourse will be a direct appeal to the president for clemency.
If that fails, she could become the first person in Pakistan to be executed for blasphemy.
Comments (67) Closed
if she is innocent then she should be released
and the others punished
she will be released but will live in fear of mob justice for rest of her life
She will live as real prisoner or virtual prisoner from fear of Mumtaz Qadri supporters for the rest of her life.
Islam is a great religion , pardon her and show magnanimity.
If innocent she should be released immediately, if not innocent she should be pardoned as per teaching of Islam.
She is a victim of "Emotional Justice" and not the 'rule of law' which has brought significance harm to the reputation of Pakistan's judicial system, internationally. A person is sentenced to die without proper presentation of her defense and unquestionable acceptance of the flimsy evidence that was presented against her without question. Today, the Supreme court has a chance to reverse the decision which has caused this mother to languish behind bars for almost ten years. For a dispute over water......
@haris Justice Asif S. Khosa will see that Justice is done. Wait for the decision. I feel she will be acquitted but she will need to migrate somewhere else to live her life.
The law will and should take its course. She will be released if found innocent.
Not only that she is to be found innocent because it’s a fabricated story of blasphemy against her by her accusers and now those who are unable to prove such a serious crime against her must suffer the same punishment that they had falsely plotted against her. If this is how Justice is once meted out, nobody will ever again dare to falsely accuse anyone of such terrible crime.
And in western countries, Muslims especially Pakistan happily share meals and drinks with christian, Hindus and other religions. Perhaps it's more of cultural issue of prejudice than any religious issue and I am pretty sure there were some personal issues involved in that matter. She should be freed, sent to any western country who will accept her and her family because she would always live in fear of mob justice.
@Anonymouseeeee but she has already been in the prison for 9 years. She should be released, no matter what!
@ Syed Zafar Kazmi U.S.A Spot on, appreciate your views on a Minority
You know what neither Mr Nawaz Sharid did any corruption neither Mr. Zardari and Asia Bibi is also innocent. I don't know she committed it or not but the legal system has so many holes.
Even if she Aisha Bibi is released from jail, her life is in danger. She might need police protection.
I would love it if the panchayat leaders are brought to task over this matter after she is acquitted...
To make such a serious allegation, there has to be conclusive evidence beyond any doubt
She should be pardoned if done wrong.
@Waseem Sarwar - My family is strict vegetarian and my mother would never eat with non-vegetarians.
Why there is no forgiveness for her?
Let sense prevail. Two individuals had an argument with verbal abuses thrown in. Nothing more. The individuals moved on. Matter closed. This happens in every street every day without consequences. Where did the 'death penalty' come from?
She should be released!!!
@Waseem Sarwar, Agree... Bro
Justice delayed means justice denied. If she is innocent than release her immediately and charge petitioner imprisonment same years she spent in jail.
As per the case she seems innocent.
She should be released, handsomely compensated and helped to migrate abroad, the people who accused her should be arrested and tried under blasphemy law.People have abused the law to settle scores and harness the minorities
There are many overseas Pakistanis in the west who hold high political office. Would we like those countries to make Pakistanis invalid to hold any political office?
This is a big relief to the peace-lovers. The fact is this controversial law is used to settle personal disputes.
A overall weak case but is still going for 10 years, wasting 10 years of life.
This is the problem minorities are facing in Pakistan. No other country has such problem.
Law must be followed. Pakistan zindabad.
Is there any protection for minorities in Pakistan?
She should be released from her long and unjust ordeal and UK should step forward to provide aslyum.
Whole world is watching us
This is very sensitive issue in our society.. If someone found guilty he/she should be punished...if otherwise.. accuser should be held responsible and should be punished.
If she is acquitted by the highest court, then who is going to return her years back? All culprits of wrong and framed accusations should put behind bars, restitution should be recovered and then prosecuted to the fullest extent of the law to set an example to deter others in future from doing so and destroying somebody's life.
If she ever gets executed based on this incident and the flawed evidence then we as a nation must hang our head in shame.
The court has heard the arguments of the case and reserved the verdict. It means they need more time to write the verdict and announce it while the accused is still in the jail. Why can,t they issue the brief verdict/ summary so that the accused does not have to stay in jail longer than necessary.Our judicial system needs general over haul.
@Babu That is called intolerance. Does a non-vegetarian's diet affect your health or beliefs if you don't eat it yourself? You can suggest they follow your diet but you have no control over their diet. If they come to eat at your home they will have to eat what you serve, So if you serve vegetarian food they must eat it. If you are invited to a non-vegetarian home you can ask to be served vegetarian and if they refuse, you don't go there. A non-vegetarian diet is not contagious. Do I make any6 sense to you?
It is a test for Chief Justice Mian Saqib Nisar and his team....Let's see bold and honest he is....Just wait!!!!
@Jessica Campbell Let’s start, what has been happening in Kashmir? What has happened in Serbernica? What has happened recently in Rohingya in Myanmar? To say minority has problem in Pakistan only is an ignorant statement. I feel sorry for Asia Bibi and pray that she gets justice soonest possible. And those who carry the flag of Blasphemy Law I say go study Islam and history first.
I have great faith in the Pakistan's justice system and also in the fearless justices. Hope the justices will put an end to her sufferings for the sake of her faith and religion. Pakistan already made her a hero in the eyes of the world. However, it will be a tragedy if Pakistan make her martyr for her faith at the behest of extreme elements in the society (which are very few). Let her go and live somewhere else. That is good for her and her family. That is also good for the Pakistan.
@USA man Can you please return to Pakistan USA man
I think she has suffered a lot.
@RONALD DSOUZA as a Indian Hindu I was under impression that a mere allegation of blasphemy is sufficient without any valid evidence for death sentence and all the Muslims of Pakistan support it. but after going through the comments here I am convinced that I was under wrong impression
It is a real test for Chief Justice Mian Saqib Nisar and his team....Let's see how bold, and honest he is....Just wait!!!!
@Just Saying: she will get refuge in any other civilized country which allows Muslims to live in peace despite they are minority there.
If Chief Justice acquits her he will be my ideal person even before Raheel Sharif. Please let her go Sir!!!!
@haris she did not murder anyone. Correct? She is an illiterate and a daily labour. Leave her. Again, it is proved that rich and famous get away after committing crimes much serious than this one..
She should be deported to a country that grants her asylum.
We hope that justice and common sense prevails.
I think there are lies and more lies that she is guilty of blasphemy.
@RUMI : Asia Bibi and her family need to be compensated for false prosecution and imprisonment. Then, please arrange for all of them emigrate.
@Sohail Khan UK : The UK will not. Asia Bibi needs a more hospitable society to help her live in peace!
@Nasir A. : At least!
Provisions of this law need closer look and changes. Blasphemy can not be only for one religion. Should be applicable for all. Clearly discriminatory and unfair.
@Sukhera The accused truly is safer in jail.
@Jessica Campbell O My Dear : check the US. Blacks are jailed at about 10-20 TIMES the rate of whites. By the age of 20 over 30% blacks have been in prison. Threshold for crime is much lower for blacks — if you get the chance read “One Person No Vote”, “A peoples history of US [maybe America]” and “ What we say goes’.
There cannot be a blasphemy law in any civilised society. Killing in the name of blasphemy is inhuman.
@KAJ no it’s not
The accusers should be thrown in jail
Let us wait, but it cannot be for ever!
@S none.
@Chirag Patel. This is not India. Don't worry, she is safe here.
@Babu. Indian society is largely becoming intolerant society.
If she is acquitted then the accusers should be sent to execution
She should be released right away.
our country wil never change unless they're educated!!! education is the key to taking this country to a better future!