RAWALPINDI: This is with reference to your editorial “Height of absurdity” (August 23). There is nothing wrong with the blasphemy law, provided certain checks are incorporated to prevent its misuse. Every law has certain loopholes, which can result in the conviction of an innocent. For example, it has often been seen in murder cases that the aggrieved party, instead of filing a case against the person who is responsible for the murder, names all the close relatives along with the actual murderer. After the inclusion of their names in the FIR, all these individuals who are otherwise innocent have to be arrested and put behind bars. There are hundreds of such cases filed in our rural areas every year but these do not get much publicity.
In my opinion, in all cases filed under the blasphemy law, the investigation should not be left to the SHO of the area. These cases should be investigated by an independent team under the supervision of a superintendent of police. If, as a result of the investigation it is proved that the allegations of blasphemy have been levelled due to enmity or with malicious intent, then the law should also prescribe a deterring punishment for the individual who has been found guilty of levelling false allegations.
If the allegations are found correct, then the investigating team or court must establish the intention of the accused. If it is established that the accused has committed blasphemy unintentionally, then he/she must be set free, provided he conveys a written expression of repentance to the court. It should also be ensured that the blasphemy law should be equally applied to those Muslims who are found guilty for committing this act and not to non-Muslims only. I am sure with a bit of hard work and proper analysis of the law as it is currently applied, we will be able to incorporate checks that can prevent its misuse.
SK Afridi
Published in The Express Tribune, August 24th, 2012.
