Pakistan

Sensitive investigations: Police ignore court’s ruling on blasphemy cases

LHC mandated that two SPs, conversant with Islamic law, should probe cases.

Rana Tanveer June 27, 2011

LAHORE:

Provincial police is either ignorant or dismissive of Lahore High Court’s instructions regarding the investigation of blasphemy cases, piling misery on those accused of the offence.

A division bench of the Lahore High Court comprising Justice Ali Nawaz Chawhan and Justice Rustam Ali Malik, while deciding a murder reference in offences under section 295-A and 295-C in August 2002, directed the inspector-general of police (IGP) Lahore “to ensure that whenever [a blasphemy] case is registered, it be entrusted for purposes of investigation to a team of at least two gazette investigating officers, preferably those conversant with Islamic jurisprudence.”

In the event that the officers are not conversant with Islamic law, “a scholar of known reputation and integrity may be added to the team … [to] investigate whether a [blasphemy] offence is committed or not,” the ruling added.

The ruling conceded that cases of blasphemy are on the rise and at times, “elements of mischief have also been observed to be involved.”

Since the passing of this ruling, however, not a single case has been investigated by a panel of two gazette officers and one religious scholar, The Express Tribune has learnt.

The cases are usually investigated by assistant sub-inspectors, or in the event of a high-profile case, the inspector in charge of investigation.

Neither the deputy superintendent police (DSP) nor an SP get involved in such cases owing to their sensitivity, sources say.

Guilty until proven innocent

Shahid Butt, a blasphemy accused presently on bail, told The Express Tribune that despite his struggle, the SP concerned refuses to be involved in the investigation.

Inspector Aftab Shah of Batapur police station had been investigating into his case, he added.

Because of incompetent investigators, I spent five months in prison, said Butt, adding that he was released when his case was taken up by the court.

LHC judgment ‘not mandatory’

Superintendent of Police (Investigation) Capt (r) Liaqat Ali Malik told The Express Tribune that all cases of blasphemy are investigated by an SP.

An inspector, or any official below this rank, does not have the authority to investigate such cases according to law, he said.

When asked about the LHC judgment which made two SPs mandatory to investigate blasphemy cases, Malik said that they follow the Pakistan Penal Code and the Criminal Procedure Code.

Any judgment besides those was not binding upon them, he added. Advocate Muhammad Anis Saadi, however, told The Express Tribune that the LHC judgment was binding upon the police officers.

If the LHC had issued instructions to the IGP in this regard, the IGP must have conveyed the message to all SPs concerned to ensure its implementation, he added.

An SP, on condition of anonymity, said that no such instructions had been received from the IGP office.

He added that most SPs are ignorant of the issue and adopt the conventional methods in investigating blasphemy cases.

Published in The Express Tribune, June 27^th, 2011.

COMMENTS (7)

T Khan | 13 years ago | Reply Why is the blasphemy law called an ISLAMIC LAW??? Not once in the Holy Quran did Allah say to kill someone for blasphemy. Every time this topic is discussed Allah reserves the right to punish the offender with HIMSELF and Himself alone. These 'laws' were never there in the time of the Holy Prophet or the Khulafa-e-Rashideen. The hadith that people tend to quote about these topics are not from the authentic Hadith books...and even so the beauty of Islam is that it is a religion in sync with human nature. Anything that goes against the grain of basic human decency is not and can not be a teaching from Allah, the Rehman and Raheem.

M. Uzair Sukhera | 13 years ago | Reply Mr. Jameel: You are entitled to your views i'm entitled to mine. I just pointed out that there are issues with implementation of laws and not necessarily with the (islamic) laws, just as there can be issues with any kind of laws (even british based laws).

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Jameel | 13 years ago | Reply @M. Uzair Sukhera:

Dear Mr. Yousaf and Saima Khan. May i say that many of these laws were enacted during PPP rule of Mr. Bhutto too

Actually this is a blatant lie. Most of these laws; Blasphemy law, Hudood and 295B/C came in the military dictator Zia-ul-Haq's time. Bhutto only cast the first stone, Zia did the rest.

Why do we not solve these issues? and instead debate uselessly on whether islamic law should be there or not?

Nothing useless about this debate. These are primitive, dark age laws which have brought nothing good to the society. Is it any wonder that most countries, including many Muslim countries, do not adopt such barbaric and idiotic laws in the 21st century? Any religion that tries to gain respect by killing others deserves to be insulted even more instead of gaining any respect; and laws like blasphemy law have only increased the criticism on Islam and Muslims; and rather predictability and understandably so. Even presumably countries like communist China do not have such stone-age laws. Imagine that. There is a difference between being a human and a savage, and people who support laws like blasphemy law in this day and age are without a doubt on the wrong side of this line.

Jameel | 13 years ago | Reply @M. Uzair Sukhera: The so called Islamic laws have brought nothing but misery for the people and these laws only help the mighty and the powerful therefore these so called Islamic laws should not be there. Period. English left a much better legal system from a century ago. Why can’t we use that and do away with all this controversy. Of course if we can modernise the English law to the requirements of the 21st century then even better but no need to end up in the middle ages in the name of Islam.

M. Uzair Sukhera | 13 years ago | Reply Dear Mr. Yousaf and Saima Khan. May i say that many of these laws were enacted during PPP rule of Mr. Bhutto too (Law regarding Ahmedis). Clearly what this report suggests is there are problems in implementation of this law and its execution. Why do we not solve these issues? and instead debate uselessly on whether islamic law should be there or not?

saima khan | 13 years ago | Reply @muhammad yousuf: fear of the islamic terrorists is driving the ppp of today.They are bending over backwards to somehow appease the islamic extremists in the hope that these savages don't kill them like they killed salman taseer shaheed.Appeasement won't work ppp,these guys will find something to get offended about and they won't stop their murderous ways .ppp has got to start fighting the religious savages instead of bowing down before them.

muhammad yousuf | 13 years ago | Reply this horrible law has ruined the lives of too many people.why doesn't the ppp repeal it? why are they so scared of the islamic terrorists? this law prevents freedom to discuss ,to speak,to debate which is a basic human right.ppp, the islamic fascists have already killed your governor and benazir ,why are you still trying to appease them?

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