ISLAMABAD : Three-judge special bench heard Bibi\u2019s 2014 appeal against her conviction and death sentence under section 295-C
\nThe Supreme Court on Wednesday acquitted Asia Bibi, a Christian woman sentenced to death over blasphemy allegations. Asia Bibi was cleared of all blasphemy charges and the apex court ordered her immediate release after she had spent nine years on death row.
\nA three-judge special bench headed by Chief Justice of Pakistan Justice Mian Saqib Nisar and comprising Justice Asif Saeed Khosa and Justice Mazhar Alam Khan Miankhel heard Bibi\u2019s 2014 appeal against her conviction and death sentence under section 295-C of the Pakistan Penal Code (PPC).The 56-page detailed judgement was authored by Chief Justice Mian Saqib Nisar and included a concurrent opinion by Justice Asif Saeed Khosa.The chief justice wrote that it was a \u201cwell settled principal of law that the one who makes an assertion has to prove it. Thus, the onus rests on the prosecution to prove guilt of the accused beyond reasonable doubt throughout the trial. Presumption of innocence remains throughout the case until such time the prosecution on the evidence satisfies the court beyond reasonable doubt that the accused is guilty of the offence alleged against him.\u201dThe top judge added that the expression \u201cproof beyond reasonable doubt\u201d was of fundamental importance to the criminal justice and was one of the principles which sought to ensure that no innocent person was convicted.
\nCJP Nisar added, \u201cKeeping in mind the evidence produced by the prosecution against the alleged blasphemy committed by the appellant, the prosecution has categorically failed to prove its case beyond reasonable doubt. The judgments of the High Court as well as the Trial Court are reversed. Consequently, the conviction as also the sentence of death awarded to the appellant is set aside and she is acquitted of the charge. She be released from jail forthwith, if not required in any other criminal case.\u201dFurther, Justice Khosa \u201cbecause of some important legal and factual issues involved in the case\u201d decided to record his separate concurring opinion which stated that the prosecution had failed to prove its case against Asia Bibi beyond a reasonable doubt.
\n\u201cThis appeal is, therefore, allowed, the conviction and sentence of the appellant recorded and upheld by the courts below are set aside and she is acquitted of the charge by extending the benefit of doubt to her,\u201d he stated.
\nJustice Khosa\u2019s opinion added, \u201cBlasphemy is a serious offence but the insult of the appellant\u2019s religion and religious sensibilities by the complainant party and then mixing truth with falsehood in the name of the Holy Prophet Muhammad (Peace Be Upon Him) was also not short of being blasphemous.\u201d\u201cIt is ironical that in the Arabic language the appellant\u2019s name Asia means \u2018sinful\u2019 but in the circumstances of the present case she appears to be a person, in the words of Shakespeare\u2019s King Leare, \u201cmore sinned against than sinning,\u201d Justice Khosa\u2019s opinion read.
\nOn October 8, the top court had reserved its judgment on the appeal of the Christian mother of four, who in 2010 became the first woman to be sentenced to death under Pakistan\u2019s blasphemy law.
\n The allegations against Bibi date back to June 2009, when she was labouring in a field and a row broke out with some Muslim women who alleged that she committed blasphemy against Prophet Muhammad (Peace Be Upon Him).Bibi was convicted of blasphemy and sentenced to death in 2010, despite her advocates maintaining her innocence and insisting the accusers held grudges against her.
\nDuring the last hearing on October 8, Bibi\u2019s lawyer Saiful Mulook had told the bench that the incident took place on June 14, 2009 and its case was registered on June 19. A case was filed against Bibi by an Imam in Katanwala village who alleged that Bibi had confessed to committing blasphemy, the lawyer said.To this, Justice Nisar had asked Bibi\u2019s lawyer, \u201cAre these things on record?\u201d However, Mulook had told the bench that the Imam (prayer leader) himself was not a witness to the incident.\u201cThere are also contradictions regarding how the notice of the incident was taken and the complainant has said the decision to register an FIR against Bibi was taken amid a group of people,\u201d he had upheld.
\nFurther, Mulook had said, \u201cPermission was not taken from the district coordination officer (DCO) or the district police officer (DPO) to register the FIR.\u201dSC reserves judgment on Asia Bibi\u2019s appeal against death sentence. He had added that the Imam in the FIR said that the villagers had not attempted to beat up Bibi.
\nTo this, Justice Khosa had remarked, \u201cFrom your statements we have gathered that the Imam himself did not witness the incident as it happened and no blasphemous words were said in his presence.\u201d
\nJustice Nisar had then added, \u201cAs per the prayer leader\u2019s statement, a panchayat was held in a house and 1,000 people had gathered for it.\u201d
\n\u201cThe FIR states that Bibi was a Christian preacher, was she really?\u201d the chief justice asked. Mulook responded in the negative and said, \u201cShe was never a preacher.\u201d
\nAfter hearing the arguments, the top court reserved its judgment on Bibi\u2019s appeal. The chief justice had also directed news channels to not discuss the case.<\/p>\n","protected":false},"excerpt":{"rendered":"
ISLAMABAD : Three-judge special bench heard Bibi\u2019s 2014 appeal against her conviction and death sentence under section 295-C The Supreme Court on Wednesday acquitted Asia Bibi, a Christian woman sentenced to death over blasphemy allegations. Asia Bibi was cleared of all blasphemy charges and the apex court ordered her immediate release after she had spent […]<\/p>\n","protected":false},"author":2,"featured_media":33194,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4,2],"tags":[],"class_list":{"0":"post-33185","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-national","8":"category-top-news"},"yoast_head":"\n