On August 30, over a review petition of Dr Arsalan Iftikhar, the Supreme Court appointed former senior police official and incumbent Federal Tax Ombudsman Dr Shoaib Suddle to probe the scandal after stripping the National Accountability Bureau of investigative authority in the matter.

Filing the petition under Article 188 of the Constitution, Zahid Hussain Bokhari, counsel for Malik Riaz, contended that there was a serious flaw in the apex court’s judgment of August 30, 2012.

He expressed apprehensions that he could not expect fair play and justice at the hands of Dr Shoaib Suddle “because he was a friend” of Chief Justice of Pakistan and Dr Arsalan Iftikhar.

He recalled that Shoaib Suddle was one of the guests at the wedding banquet of Dr Arsalan Iftikhar.

Bokhari said the close family relations had made the investigation questionable.

He appealed to the court to recall its judgment of August 30, 2012 and enforce its judgment issued on June 14, 2012 in its true spirit, in the supreme interest of justice.

Bokhari questioned whether the court was justified to delegate judicial powers to the commission.

“Whether the apex court has authority under any provision of the constitution or Supreme Court rules to appoint a commission in a review petition without declaring its earlier order of June 14, 2012 as illegal and incorrect,” the petitioner questioned.

Published in The Express Tribune, September 12^th, 2012.

The division bench headed by Justice Jawad S Khwaja had vested Suddle with the powers of a magistrate on August 30, with the responsibility of inquiring into allegations that the chief justice’s son had received Rs342 million from Riaz to influence judicial proceedings, and to present a final report within 30 days.

However, mirroring Arsalan Iftikhar’s review petition of the Supreme Court’s order of June 14 which had resulted in the National Accountability Bureau (NAB) being told to cease its investigations into the case and the Suddle commission being formed in the first place, Riaz and his counsel Zahid Bukhari decided to file a review petition as well against the August 30 court order that appointed Suddle, on the grounds that he has prior affiliations with Chief Justice Iftikhar Muhammad Chaudhry and his family, and that the two are on amicable terms because of Suddle being the former Inspector General of Balochistan.

Bukhari categorically said that his client will not be appearing before Suddle until the court gives a decision on the review petition.

Published in The Express Tribune, September 11^th, 2012.

Live broadcasts showed heavily-armed police surrounding Rimsha, who was covering her face with a green scarf as she walked to the helicopter. The dramatic nature of Rimsha’s release underlined the fear for her life.

Under court orders, the 11-year-old was released from Adiala Jail Rawalpindi, after being held there for over three weeks following her arrest on August 16 for allegedly burning papers that contained Quranic verses. Soon after Rimsha’s arrest, a local cleric who had accused her was detained on suspicion of planting false evidence on her.

Even before the cleric’s arrest, Rimsha’s case provoked international concern because of her young age and reported mental problems.

An additional sessions judge granted Rimsha bail on Friday, which was posted at Rs1 million.

Once out of her cell, Rimsha was escorted into an armoured personnel carrier (APC) guarded by police commandos and air-lifted to an undisclosed location.

Despite her release, the girl remains ‘detained’ – but this time for her own safety, said an official of the city administration.

Sources said the girl was united with her family who were already shifted to the secret place located within the limits of the city.

Minister for National Harmony Paul Bhatti confirmed Rimsha’s release.

“She has been freed from the jail and was transported by a helicopter to a safe place. Her family members received her,” Bhatti told AFP.

Secret location

“Rimsha and her family will be shifted to some other place out of Islamabad on Sunday,” a police official said on the condition of anonymity.

A senior city administration officer said the girl could not be sent back to her hometown of Mehrabadia, a suburb of Islamabad, despite a considerable decrease in hostility against the girl and her family by the Muslim community of the area.

“After the arrest of the cleric, Khalid Jadoon Chishti, last week, some of his supporters once again provoked people against the Christian community,” said the administration officer, adding that the level of support for Chishti could not be termed as massive.

The ministry of interior, however, chose not to underestimate the security situation. Following a security plan, Rimsha was flown to multiple places before the chopper finally dropped her at the final location, which had already been decided. Heavy contingents of police were deployed inside the premises of the location, said the police officer.

Going abroad?

Rumours were rife that Rimsha might be sent overseas to avoid any untoward situation, but chances remain unlikely since she could be summoned by the court.

She can, however, be exempted from appearing before the court for being a minor, according to a senior law officer of the government.

Furthermore, officials of the interior ministry, city administration or city police could not confirm whether Rimsha would be sent abroad, as suggested by some reports. However, sources said it could be a long term security option.

Minister of State on Interfaith Harmony Akram Masih Gill told The Express Tribune: “Rimsha is going nowhere. She will be staying with her family in Islamabad.”

“It is the responsibility of the state to provide full security to Rimsha and her family. Rimsha’s case is a test case in the country’s history. We have to change the mindset,” Gill said.

Bhatti also denied that Rimsha would be sent abroad.

Cleric’s remand

Meanwhile, Chishti was sent on a 14-day judicial remand in Adiala Jail following his arrest early last week. He was booked for defiling the Holy Quran under section 295 B after a witness revealed that the cleric planted charred pages that were allegedly recovered from Rimsha.

Two more witnesses supported his claims and recorded their statements against the cleric. Police said Chishti did not confess to his act; however, he never challenged the claims of the witnesses either.

If convicted of blasphemy, the cleric could face a life sentence. The next hearing of the case will be held on September 16.

Published in The Express Tribune, September 9^th, 2012.

SSP Alam has been ordered to report headway in the Rimsha Masih case on a daily basis to the judicial magistrate. Meanwhile, the chief commissioner has been ordered to ensure cooperation with the ulema during investigations.

Rimsha, allegedly framed for blasphemy by a local cleric, has been in police custody since her August 16 arrest from a poor neighbourhood of Mehrabadi, on the outskirts of Islamabad. Rimsha was accused of burning papers containing verses from the Holy Quran in breach of strict blasphemy laws carrying the death penalty.

Recently, the police booked Hafiz Mohammed Khalid Chishti, the imam of the mosque in Rimsha’s area, who first submitted the burnt papers as evidence against her, after his deputy Hafiz Zubair told the police that he had fabricated the evidence.

In a dramatic turn of events, Zubair’s confession against Chishti encouraged two more witnesses Hafiz Owais and Khurram Shahzad to record statements implicating Chishti in a plot orchestrated to strengthen the case against Rimsha.

Meanwhile, Adviser to Prime Minister on National Harmony, Paul Bhatti, has also been pressing for the security of Rimsha and hundreds of Christian families who had moved from the area fearing a backlash from the locals.

National security document

In the wake of recent terror threats, the interior minister constituted a team headed by chief commissioner Islamabad, to draft a national security document aimed to deal with the growing security challenges in the country.

The team comprises deputy secretary ministry of interior, officers from the National Counter Terrorism Authority (NACTA) and the National Police Bureau (NPB), while the National Crisis Management Cell (NCMC) DG is expected to serve as its secretary.

Malik directed the team to consult security experts from other countries and review their security policies.

In Thursday’s meeting, Malik also directed inspector general of the capital police to beef up security for Chinese nationals working in Islamabad.

Published in The Express Tribune, September 7^th, 2012.

The ruling had empowered the attorney general to act in accordance with the law and bring all culprits to the book. The bench adjourned the case for an indefinite period.

After SC’s verdict, Attorney General Irfan Qadir had referred the matter to National Accountability Bureau (NAB) Chairman Fasih Bukhari, who had constituted a five-member joint investigation team (JIT) to probe the alleged business deal between Arsalan and Malik Riaz through the latter’s son-in-law Salman Ali Khan.

Following Arsalan’s objections on the JIT members, NAB Chairman Bukhari had dissolved the team and decided to probe the matter himself.

However, Arsalan took the matter back to the court, arguing that AG Qadir did not act in accordance with the court’s verdict and referred the matter to NAB with mala fide intention, since he was biased against CJ Chaudhry. His second grievance was over NAB Chairman Bukhari’s daughter being an employee of Malik Riaz, who enjoyed a close relationship with Bukhari.

Arguing the case before a division bench headed by Justice Jawad S Khawaja, Arsalan’s counsel Advocate Sardar Muhammad Ishaq Khan on Tuesday requested the court to assign the investigation of the case to a reputable bureaucrat or a judge for transparency. According to Ishaq, the government accepted Bukhari’s resignation, before he took over the matter. Therefore he argued he could not maintain impartiality in the case.

Challenging Bukhari’s impartiality, Ishaq also contended that his daughter had been an employee of Malik Riaz in Bahria Town, hence both enjoyed a close relationship, and thus his client had no faith in the probe carried out by NAB.

Responding to the remarks, NAB prosecutor Akber Tarad objected and requested that she should not be discussed in the court. “Whatever matter came before us was involving someone’s daughter or son,” remarked Justice Khawaja.

Ishaq Khan argued that Malik Riaz had a powerful clout in the Islamabad police, and therefore the capital’s police always protected him and resisted to carry out raids against him. Declaring the objections of Ishaq as irrelevant, Justice Khawaja asked “If you do not trust anyone, should the court then call someone from abroad?”

Refuting Ishaq Khan’s argument, Malik Riaz’s counsel Zahid Bukhari said the matter was being politicised because he enjoyed a close relationship with the Punjab government, which was using the anti-corruption department against his client, and Ishaq wanted the department to be assigned the investigation into the case.

Published in The Express Tribune, August 29^th, 2012.

The premier’s white Land Cruiser rolled in amid extravagant security arrangements, 25 minutes before the hearing was scheduled to start. Two helicopters hovered over the sealed red zone while personnel from Rangers, police and other law enforcement agencies were deployed in heavy numbers around the apex court’s premises from 7 to 11 am.

There were walk-through gates to bolster security while the parking lot was also vacated for the purpose. Apart from media persons, only those with special passes were allowed to enter courtroom number 2.

The hour-long proceedings, however, were not too pungent.

Not only was Prime Minister Raja Pervaiz Ashraf granted more time to present his stance on opening graft cases against the president, the Supreme Court also reiterated that he does not have to compose the Swiss letter personally and can authorise someone else to do so.

Throughout the hearing, Raja’s entourage was either busy taking notes or showing a thumbs-up to each other every time the premier argued he needed more time to implement the court’s orders.

Law Minister Farooq H Naik, who was sitting right next to the podium where Raja stood, was continuously assisting the premier in strengthening his argument to buy more time. Presidential spokesperson Farhatullah Babar was busy taking notes, but left the courtroom well before the bench adjourned the case.

Attorney General Irfan Qadir was uncharacteristically quiet in the court, but broke the silence once he stepped out. “The premier has sent a strong message to the public and the world at large by appearing before the court, showing that he respects the judiciary,” Qadir told journalists outside the Supreme Court. “The judiciary should reciprocate the respect.”

Deputy Prime Minister Chaudhry Pervaiz Elahi, who sat in the front row of the courtroom, also told the media later the premier’s appearance was a unanimous decision to show respect for the judiciary.

Information Minister Qamar Zaman Kaira said the prime minister had convinced the court of his interest in resolving the issue. He clarified that the premier has not requested the bench to withdraw its show-cause notice and has only sought more time to respond to it.

Kaira said the prime minister’s appearance negated all the allegations against Pakistan Peoples Party of not complying with court orders.

Senior leader of the ruling party Makhdoom Amin Fahim maintained that the prime minister cannot be disqualified this time because under Article 12 and 13 of the Constitution a person cannot be punished twice. A cautious Fahim was however quick to add his party respected the judiciary and the Constitution.

Published in The Express Tribune, August 28^th, 2012.

Chishti was said to have declared that, ‘All you chooras (a derogatory term for South Asian Christians) must leave here immediately or we will pour petrol on you and burn you alive …You sweepers are only deserving of such treatment.’

However, he told The Express Tribune on Friday that he never played a pivotal role in sparking any tensions, after Rimsha, who reportedly suffers from Down Syndrome, allegedly burned pages inscribed with verses from the Holy Quran.

“Neither I, nor any of my followers participated in the protest rallies. Nor did they instigate any hate campaign against the Christian community of Mehrabadi,” Chishti said, adding that “It was a legal issue that involves Rimsha and the eyewitnesses, which will be resolved in the court of law.”

Clarifying his position, the imam told The Express Tribune that he went to Rimsha’s home after people showed him the papers Rimsha had burned.

He found an angry crowd outside and three to four women attacking her. He claimed that the protestors demanded custody of Rimsha to burn her alive, but he rescued her and later handed her over to the police.

Rimsha committed ‘conspiracy’

Despite backtracking from his earlier stance, Hafiz Chishti was still scathing of the alleged blasphemy committed by Rimsha Masih, saying what she did was a “conspiracy” to insult Muslims.

He told AFP that “The girl who burnt the Holy Quran has no mental illness and is a normal girl. She did it knowingly; this is a conspiracy and not a mistake. She confessed what she did.”

Chishti claimed that the local Christian community had previously caused antagonism by playing music in services at their makeshift church during Muslim prayer time and said burning the pages was deliberate.

“They committed this crime to insult us further. This happened because we did not stop their anti-Islam activities before,” he said.

“Last Christmas, they played musical instruments and there was vulgarity in the streets during our prayers time. I warned them but they did not stop.”

During his sermon at Friday prayers, Chishti told worshippers it was “time for Muslims to wake up” and protect the Holy Quran.

Bail application filed

Meanwhile, Irshad Bibi, mother of Rimsha Masih filed a bail application for her daughter on Friday through their counsel, Advocate Tahir Naveed Chaudhry before the session court judge of Islamabad, Raja Jawad Hassan, who fixed the hearing of the case on August 31.

Previously, NGO World Vision in Progress Foundation had moved a bail application before the Islamabad session court for Rimsha.

Police remanded Rimsha for 14 days in the juvenile section of Adiyala jail after they registered an FIR under section 295-B of the Pakistan Penal Code. (WITH ADDITIONAL INPUT FROM AFP)

Published in The Express Tribune, August 25^th, 2012.

Police arrested Rimsha, who reportedly has Down’s Syndrome, from a low-income neighbourhood of the capital last Thursday after she was accused of burning papers containing verses from the Holy Quran, and remanded her for 14 days in the juvenile section of Adiyala jail.

Rimsha, aged between 11 and 16, is being held in a jail in Rawalpindi.

“The lawyers are facing difficulties to see the accused girl. The jail authorities have told them to get permission from the top authorities,” Shamaun Alfred Gill, a spokesman for All Pakistan Minorities Alliance (APMA) said. Her legal team said they had approached the higher authorities in Punjab but could not get a go ahead for the meeting.

“I myself contacted the inspector general (of prisons) by phone and he told me that he will call me back, but I am still waiting to speak to him,” Tahir Naveed Chaudhry, one of Rimsha’s lawyers said. “He is not receiving my calls now. Legally, they can’t stop a lawyer seeing his client in the jail but the authorities are refusing us a meeting.”

But Farooq Nazir, the inspector-general of Punjab prisons, told AFP there was no restriction on Rimsha meeting her lawyer or immediate family and insisted she was being cared for.

Chaudhry told The Express that Irshad Bibi, Rimsha’s mother would move a bail application on Friday (today) for the release of her daughter.

He added that they have also filed an application with a court in Islamabad to set up a medical panel to determine Rimsha’s age.

Appeal to chief justice

Hundreds of Christian families, who fled the suburb in Islamabad fearing backlash after Rimsha’s arrest on blasphemy charges, appealed to Chief Justice Iftikhar Muhammad Chaudhry on Thursday to ensure their security. (Additional input from AFP)

Published in The Express Tribune, August 24^th, 2012.

ISLAMABAD: A Christian activist, who met the 11-year-old Christian girl accused of blasphemy, has seen a medical report which states that the girl has no mental illness.

Christian activist Xavier William said he visited Rimsha at a police station where she was first held, and then this week in a prison in the city of Rawalpindi.

Rimsha, a young Christian girl who reportedly has Down’s Syndrome, was accused of burning pages from a children’s religious instruction book containing verses from the Holy Quran.

Rimsha is in a prison where she is being held in solitary confinement for her safety, the activist told Reuters.

“She was frightened and traumatised,” William said.

“She was assaulted and in very bad shape. She had bruises on her face and on her hands,” he added, referring to a mob that attacked her after she was accused of blasphemy.

“She is in solitary confinement at Adiala jail because of her safety,” said William. “She would not make eye contact. She did not say anything. She did not answer back.”

NGO moves bail application

World Vision in Progress Foundation – a non-governmental organisation - moved a bail application before the Islamabad session court on Thursday for an 11-year-old Christian girl arrested on charges of blasphemy.

The hearing for the case is scheduled to begin on August 28.

Rimsha’s case has prompted concern from Western governments andanger from rights groups, who say the blasphemy law is abused in personal disputes and should be reformed.

President Asif Ali Zardari also took notice of the incident and sought a detailed report from interior ministry.

The incident has sent a chill wind of fear through the 500 Christian families who live in Mehrabad, a poor suburb of Islamabad where Rimsha lives.

Amnesty International led the charge on this count, urging Pakistan to reform its blasphemy laws and protect Rimsha Masih, an 11-year-old reported to have Down Syndrome, who was arrested for allegedly burning pages inscribed with verses from the Holy Quran. She was taken into custody in a low-income area of Islamabad on Thursday after a furious mob demanded she be punished.

Polly Truscott, Amnesty International’s South Asia director, said the case showed the “erosion of the rule of law” in Pakistan and the dangers faced by those accused of blasphemy.

“Amnesty International is extremely concerned for Rimsha’s safety. In the recent past, individuals accused of blasphemy have been killed by members of the public,” Truscott said in a statement issued late Tuesday.

Truscott welcomed President Asif Ali Zardari’s move seeking an explanation for the arrest, but warned it would count for little unless there were “greater efforts to reform the blasphemy laws to ensure they cannot be used maliciously to settle disputes or enable private citizens to take matters into their own hands.”

“The continued failure to reform these laws has effectively sent the message that anyone can commit outrageous abuses and attempt to excuse them as defence of religious sentiments,” Truscott said.

Neighbours said Rimsha had burned papers collected from a garbage pile for cooking in her family home and someone alerted the local cleric after spotting the remains being thrown out as rubbish.

HRCP statement

Joining Amnesty International in its condemnation was the Human Rights Commission of Pakistan (HRCP). A statement released by the HRCP read: “The fact that the girl is a juvenile and suffers from Down’s Syndrome only makes the charge more preposterous and barbaric. It is also extremely disturbing to note that the police allowed a mob to surround the police station and demand that she be handed over.”

The statement expressed concern over the country’s political leadership being unwilling to speak out against extremism and injustices towards non-Muslims. The authorities should immediately release the girl, it added.

Evacuation

Meanwhile, hundreds of Christians in Mehrabadi village (where the incident took place), fearing a backlash, have vacated their houses since the incident on the advice of the Islamabad Police.

“I had asked them to leave for a safe place, otherwise they might have been burnt alive in their houses,” SHO Qasim Niazi of Ramna police station admitted when contacted by The Express Tribune.

One of the residents of the area requesting anonymity contacted The Express Tribune by phone and disclosed that the landlords of Mehrabadi gathered in the main mosque after prayers on Wednesday on the call of one Malik Munsif Dad, who told the landlords that their Christian tenants should be forced to leave.

“I opposed this decision, but it was very difficult for me to swim against the water because they are in a majority,” said the source. Some 25 Christian families returned to their houses in the village at their own risk with the help of locals – but the majority remains reluctant to go back and are waiting for assurances from the administration and the police of their safety. “We can go back but what if we’re attacked again after a few days?” questioned Surriya, who is living with her five children in her cousin’s house in Islamabad’s G-7 sector.

A number of displaced families now living in different sectors of the capital told The Express Tribune that they ran from their homes when they heard the announcement from the loudspeakers on a nearby mosque. They quoted a cleric as saying ‘All you chooras (a derogatory term for a South Asian Christians) must leave here immediately or we will pour petrol on you and burn you alive …You sweepers are only deserving of such treatment.’

A close aide of Dr Paul Bhatti, Advisor to the Prime Minister on Interfaith Harmony, told The Express Tribune that Islamabad Police chief Bani Amin Khan was not ready to give assurances in cases where Christian families have returned to their homes. The source also revealed that Rimsha’s family was in the protective custody of the Islamabad IG. Dr Bhatti could not be approached as he has left for Rome where he is likely to address a press conference on the issue.

The only witness of the alleged incident of blasphemy committed by Rimsha is reported to have had possible ulterior motives. Hammad, 19, is a close relative of the owner of the rented house where Rimsha’s family resided. Nida Nazir, a representative of the local Christian population, shared her concern about the credibility of the eyewitness. She said that Hammad was an addict and wanted to have affair with Rimsha’s elder sister.

Hammad and the local cleric who made the announcement are unwilling to talk to the media about the authenticity of the incident.

Many of the evacuees said that local shopkeepers have boycotted the Christian community and refuse to sell them goods.

(Read: Height of absurdity)

(WITH ADDITIONAL INPUT FROM AFP)

Published in The Express Tribune, August 23^rd, 2012.