PESHAWAR: A lawyer has moved the Peshawar High Court seeking orders for the federal and Khyber Pakhtunkhwa governments to form special courts to deal with offences against religion like anti-terrorism courts, child protection courts and anti-corruption courts.

In the petition, Shabbir Hussain Gigyani also requested the court to order legislation or formulation of rules to introduce special procedures to handle such crimes covered by the Pakistan Penal Code Chapter XV. He sought orders for both governments to enforce rules through specialised agencies like Counter Terrorism Department, Federal Investigation Agency and Crimes Branch.

The lawyer prayed the court to order special arrangements for the safety and security of the proposed special courts, judicial officers, prosecutors, lawyers, complainants, accused, witnesses, and court staff.

The respondents in the petition are the prime minister and president, National Assembly through its speaker, Senate through its chairman, federal law secretary, chief minister and Khyber Pakhtunkhwa governor, KP Assembly through its speaker, provincial chief secretary, provincial law secretary and advocate general.

The petitioner said offences against religion were being dealt under Chapter XV of PPC and that they’re of highly sensitive nature as sentiments and religious beliefs of people were either attached or at stake.

He, however, said the mode of investigation and other procedural formalities were traditional, which certainly did not address the matter urgently, efficiently and transparently leading to delayed dispensation of justice, unfair trials, and insecurity to judicial officers, prosecutors, lawyers and witnesses.

The petitioner contends that it was need of the hour that the respondents make suitable and special arrangements and amendments to investigation process and penal and procedural laws by introducing special investigation team, special law and special courts for dealing with offences against religion.

An expert on criminal law, he said though laws were available to deal with offences related to religion, those matters were very sensitive for being attached to the feelings of both Muslims and non-Muslims and therefore, they needed to be dealt with extra caution and expertise.

He said when concern of public at large were not addressed in time due to delayed and faulty trial, public unrest, disharmony and law and order situations occurred.

The petitioner said according to a 2014 report of the National Commission for Justice and Peace, 633 Muslims, 494 Ahmadis, 187 Christians and 21 Hindus had been accused of blasphemy under various provisions of the law since 1987 and of those cases, very few had been decided.

He said both parties in such cases were vulnerable to extrajudicial actions as those matters were dealt in routine proceedings without special security and investigation and trial arrangements.

Published in Dawn, August 27th, 2020