LHC overturns death sentence of Aneeqa Atiq in blasphemy case

Pindi Bench cites serious procedural deficiencies, lack of forensic proof in her acquittal

The Lahore High Court’s Rawalpindi bench overturned the death sentence handed down to Aneeqa Atiq, who had been convicted in a high-profile blasphemy case, investigated by the FIA Cyber Crime Wing, Rawalpindi.

The court on Tuesday acquitted Aneeqa on technical grounds, citing serious procedural deficiencies in the prosecution’s case. Delivering its judgment, the bench, comprising Justice Sadaqat Ali Khan and Justice Waheed Khan, observed that the conviction could not be sustained, as the prosecution failed to satisfy the court with basic evidentiary and legal requirements.

The court noted that the accused and the complainant were unrelated, and no lawful or personal relationship had been established between them. It further pointed out that no forensic examination had been carried out on the mobile phone allegedly belonging to the accused, nor was there any proof that the hand-held device was indeed her property.

Likewise, the complainant Hassanat Farooq’s mobile phone was never subjected to forensic testing, and the prosecution produced no evidence demonstrating any direct or verifiable link between the two.

Counsel for the complainant contended that Farooq and Atiq had become acquainted while playing the online game PUBG, during which the alleged exchange of offensive messages took place. The bench, however, found that such an acquaintance did not constitute evidence of culpability, particularly in the absence of forensic corroboration or verified communication records.

Accordingly, the court declared the death sentence void on technical grounds, emphasising that the statutory prerequisites for such a conviction had not been fulfilled.

Atiq had been held in a death cell at Adiala Jail for the past three years. The FIA Cyber Crime Wing had registered the case against her in 2020, and in 2022, an Additional District and Sessions Judge had sentenced her to death and forfeiture of property under Sections 295-A, 295-C, and 298-A of the Pakistan Penal Code.

The defence maintained that the case was baseless and malicious, asserting that Atiq had been falsely implicated in a 'conspiracy-driven prosecution'. Her counsel argued that no credible evidence existed to prove that she had ever sent any blasphemous messages via WhatsApp.

Following the announcement of the short order, defence lawyer Raja Imran Khalil Advocate told reporters that the court had acquitted his client purely on technical grounds, without delving into the merits of the case, and confirmed his intention to challenge the verdict before the Supreme Court.
The written judgment is to be dispatched to Adiala Jail, after which Atiq’s release is expected later this week.