Review petition filed against SC verdict

Complainant points out several 'lacunas'; wants her name put on ECL

LAHORE: Several lacunas and factual legal contradictions have been raised in a review petition filed against the top court’s verdict acquitting Aasia Bibi of blasphemy charges and setting her free.

Complainant Qari Muhammad Saalam on Thursday filed a review petition in the Supreme Court Lahore registry through his counsels Ghulam Mustafa Chaudhry and Azhar Siddique.

The petitioner also sought to put Aasia’s name on the Exit Control List (ECL) till the final decision on the review petition.

Highlighting inordinate delay, defective investigation and other technicalities in the review petition, he asked whether these should be made hurdles in dispensation of justice although the SC was bound to take into consideration the nature of the case and the test which were especially applicable to a normal case in view of the application of blasphemy laws read with judgments of the superior courts.



The petitioner also asked whether the country’s top court had jurisdiction to overrule a peculiar fact like the confessional statement of Aasia Bibi.

Pointing out the shortcomings, Salaam, in his petition, asked whether the SC, acquitting Aasia, met the standards of jurisprudence set in this regard in view of the history as well as Islamic provisions and normal principle of justice with reference to application in blasphemy laws.

The petition also sought if SC had taken into consideration inclusion of members of the Appellate Shariat Court in its bench, adding that the matter needed detailed in-depth consideration and due to the peculiar circumstances of the case as well as application of Section 295-C in its time letter and spirit.

The complainant said the SC did not interpret the provisions of Code of Criminal Procedure 1898 read with Section 295-C of Pakistan Penal Code as well as Article 25 of the Constitution of Islamic Republic of Pakistan 1973 while passing the judgment.

Sharing some case facts the petitioner’s counsel implored in the review petition that Aasia was tried in the case bearing FIR No 326 dated June 19, 2009 for an offence under 295-C PPC registered at Sadar Nankana Sahib police station and was convicted and sentenced by the learned additional sessions judge vide judgement dated August 11, 2010 by awarding death sentence with a fine of Rs100,000 and in default whereof to further undergo six months simple imprisonment.



That this judgment dated August 11, 2010 was confirmed by the Lahore High Court on October 16, 2014 in CSR No 614 of 2014/Criminal Appeal No 2509 of 2010 while considering all the facts and case laws so narrated therein.

That in Criminal Appeal No 39-L of 2015, the august Supreme Court of Pakistan vide judgment dated October 31, 2018 allowed the appeal. The judgements of the high court as well as the trial court are reversed. Consequently, the conviction and the sentence of death awarded to the accused was set aside and she was acquitted of the charge.

Meanwhile, Punjab government’s spokesperson said that according to his information the protest sit-ins by politico-religious groups against the acquittal of Aasia might be called off tonight.

Speaking to the media, provincial Minister for Information Fayyazul Hassan Chauhan also said the government has been engaged in talks with the protesters for the past 36 hours. And so far there have been more than five rounds of talks.

“Based on the information I have received the issues have been sorted out and hopefully the protest sit-in might be called off by tonight,” Chauhan said before quickly adding that he was not making a statement rather his assessment was based on the information he had.

The Pakistan Tehreek-e-Insaf distanced itself from the development.

“Federal government has no plan to put Aasia Bibi’s name on ECL or appeal for a review against the court’s verdict. A review petition has been filed by the concerned party which has nothing to do with the government,” it tweeted.

 

Federal Government has no plan to put Aasia Bibi’s name on ECL or appeal for a review against the court’s verdict. A review petition is been filed by the concerned party which has nothing to do with the government.

— PTI (@PTIofficial) November 1, 2018