Pakistan

Blasphemy law amendment: LHC accepts petition seeking stay order

Petitioner claims parliament would go against the Quran if the law is amended.

Express December 07, 2010

LAHORE:

The Lahore High Court (LHC) on Monday admitted for regular hearing a petition seeking directions to the federal government not to table the blasphemy law amendment bill.

LHC Chief Justice Khawaja Muhammad Sharif also issued a notice to the federal government for December 23.

The petition was filed by a citizen Muhammad Nasir, stating that the parliament has no right to amend the blasphemy law.

The parliament cannot amend or alter the blasphemy law to soften the punishments linked to the offence, he submitted. He added that the blasphemy law was promulgated in light of the Quranic injunctions to protect the honour and dignity of Prophet Muhammad (PBUH) and it cannot be amended.

During the hearing, the CJ asked Deputy Attorney-General Naseem Kashmiri, who was present in the court, if it is true that the government is bringing such a bill in the parliament. Kashmiri denied it.

The petitioner, however, alleged that the amendment bill had been drafted and the government is ready to table it in the parliament.

Meanwhile, a petition against the federal government’s bid to pardon blasphemy convict Aasia Bibi was also fixed for hearing on Monday. Hearing was adjourned till December 23.

Earlier, the chief justice had sought a reply from the federal government, restraining the president from pardoning Aasia Bibi until the LHC gave its verdict on her appeal.

Kashmiri, on behalf of the federation, sought more time and the CJ adjourned hearing also till December 23, observing that these petitions were identical and should be clubbed.

The petitioner had submitted that the government is planning to grant pardon to Aasia Bibi under pressure from foreign countries. According to Article 45 of the Constitution, Aasia Bibi cannot be pardoned by the president because her case is sub judice, the counsel pleaded.

Published in The Express Tribune, December 7th, 2010.

COMMENTS (32)

Iftikhar-ur-Rehman | 13 years ago | Reply @ALINA LODHI: I agree with you 100%

Alina Lodhi | 13 years ago | Reply The Express Tribune wants this issue to be continued for readers' amusement by the following argumentation it comes with, not realizing the sensitivity of it. Respect for the Prophet is binding upon all Muslims, getting some of the people to speak against this law is welcoming them to speak against Islam. Why does The Express Tribune, a public news website, want viewers to engage into verbal combats involving religion?

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Mehwish Tarranum | 13 years ago | Reply The media, whether print or electronic, exists as a watchdog in the public interest. This role has become doubly important at a time when so many state institutions seem to be crumbling all around us. Therefore, it is certainly a black day when it is the media itself that chooses the path of irresponsibility and erroneous reporting. In the race for ratings in a market driven by the frenzy to be first with ‘breaking news’, our electronic and some parts of the print media falsely reported a Lahore High Court (LHC) short order, which arguably opened up these media outlets to the charge of contempt of court. Reporting that the LHC had stopped the federal government from presenting a bill in parliament seeking amendments in the Blasphemy Law, the media forgot to do its homework. The LHC had, in actuality, stated in reply to the petitioner’s plea for maintenance of the status quo, and in the light of the Deputy Attorney General’s submission that no such bill has been introduced, that no further order was called for at this stage. This is decidedly different from what the media was reporting at a feverish pitch.

Salman Tariq | 13 years ago | Reply If it was up to them, these impotent mullahs would have us believe in everything evil that comes out of their big mouth. Its funny that the so called mullah can offer 500K for the head of Aasia. My humble suggestion, save the 500K and let the sucker do it himself. Wait a sec, he is pretty smart he'll rather find a low life from amongst us to do his dirty work. I am not sure when this nation will arise from these petty issues and focus on the real issues.

Nadeem Ahmed | 13 years ago | Reply Please don't misunderstand LHC's verdict. No doubt, Blasphemy law was approved by parliament and it can change or repeal it altogether. Nobody is challenging the powers of parliament, but its also unethical to change the rules of the game, right in middle of the game. Where was parliament, when so many innocent people were blamed and punished under blasphemy law. Now the focus is on Aasia's case. This law looks more dreadful, because Aasia is a woman and mother of five children. Therefore, it can give politicians lot of coverage in media. LHC has stopped polticians to cash on Aasia's misery. If Aasia's is proven innocent and exonerated, then these politicians will not do anything about this law. First, let the LHC decide her appeal. After that she will get another chance to appeal in Supreme Court and finally with President. Let the process complete first, then change the law, if necessary. Laws should not be made or repealed, keeping one person's misery. LHC has simply stopped knee jerk reaction of politicians.

Moeed Pirzada | 13 years ago | Reply Lahore High Court decision is surprsing, we don't know the reasoning employed by the Bench so far, but if the "reasoning" appeared idelogical rather than a point of law then I am afraid the judiciary is taking one more step into the dark recesses of isolation.

disgusted | 13 years ago | Reply LHC = Lahore Hudood Court.

Ahmad Nawaz Wattoo | 13 years ago | Reply It is an outrageous assault on the supremacy of parliament. The LHC has out stretched it’s constitutional limits and bond by summoning a member of the parliament for submitting a bill. The Speaker of the National Assembly should take notice of this. The order should be challenged in the Supreme Court immediately.

Hamid Ahmed | 13 years ago | Reply Will anyone name the judges involved? His Highness Justice Sharif. not all Judges are equal, some do have conscience rest of them are all " be zameer" including this bench, these guys are making joke of justice. These judges don't come to courts to serve justice, they come to courts to make money, like all the policemen and bureaucrat do. This is vivid example of how corrupt out courts are. Justice Sharif had made name for himself, no need to waste a single word on him, Is not he supposed to retire this month? Is not Justice Sharif is the same Chief Justice whom our independent Chief Justice of Pakistan wanted to keep in Lahore as according CJP "he is doing great job in Lahore" and consequently deprived Justice Saqib Nisar from Chief Justice-ship. Should not this nation be proud of both of these judges, Chief Justice of Pakistan and Chief Justice of Lahore High Court? what a shame. People who are so emotional about "Namoos i Risalat", please go read Quran, Hadith and life of Holy Prophet. You may learn how glorious and merciful our Holy Prophet was, Did Holy Prophet ever ordered any punishment for any kafar who disrespected him? instead he always was a "Rahmat" for mankind, emphasis on mankind, please remember. Before you say something which is contradictory to the teachings of Islam. I mean teachings of Islam, not the teachings of illiterate mullahs. By the way, today, Lahore lost its glory, it is not the Lahore I knew of and I grew up. Keep in mind Asma Jelani came from Lahore, Faiz, Iqbal all came from Lahore or Punjab.

Ayesha Tammy Haq | 13 years ago | Reply This is media misreporting. The LHC sent a notice to the government to ask whether they were planning to amend the Blasphemy Law. There is no question of the LHC barring the passing of ANY bill, they cannot do so. The media needs to be more responsible and train its reporters. Editors should check content for accuracy.

lota6177 | 13 years ago | Reply Welcome to the Dark age thinking in 2010. Mulla court in action.

Samira | 13 years ago | Reply Shame all of them who are supporting LHC. I'm writting here to remind every one of those,who supporting LHC according the Blasphemy.This is not what we learn in our religious.Here judiciary is not to take decision of her.Then who is God are you trying to show this that there's no one God.They parliment always showing off that how strong they are,but don't forget what they taking slushy decision.People are ever depise you who are in wrong decision againt her.Funny though you doesn't know how to justice. God know much better than you and he know this troubled days and he must save his people. Before taking any decision the judiciary thought what a terrible thing they are doing hasn't it ever occured to them that your action will give raise to all sorts of gossip. what a preccedence is these to warrant this action which you have take,here you setting the pace from committing the worst crime.I dare say God will help the innocence of talk and he must wast the raising point of blasphemy.Human's are not letting supicious birds out of thier cages only GOD have power to Conquerors.

Mian Ali | 13 years ago | Reply what is writ of the parliment, is this the same parliment who cant enforce its resolution on drones. Higher Judiciary is the only hope for the people of Pakistan.( Even whose deceisions are not being implimented by the Govt to disrepute the Judiciary) Why these so called human rights activists not protested against the disrespect of the HOLY PROPHET MUHAMMAD(PBUH) by the non muslims. Whoever, favors the such disrespect should reconsider whether HAS EMMAN or Not.

MAD | 13 years ago | Reply Supreme Court anyone.

zeruk | 13 years ago | Reply Great LHC.Fully support the decision.Now justice will take its course instead of politics.

Zain Shah | 13 years ago | Reply Its very good decision. I'm agreed with LHC.

Anshul | 13 years ago | Reply Can't she appeal in a higher court our is that also denied?

Danish | 13 years ago | Reply Question that keeps haunting me is why does a country need blasphemy laws at all....

maz | 13 years ago | Reply :) Nothing is gona happen on this issue now that LHC has proven that our Courts are mere playgrounds in the hand of fanatics and landlords and rich businessmen. Piasa phenko aur tamasha dekho GOD SAVE PAKISTAN

Haris Chaudhry | 13 years ago | Reply Why have the honourable (??) judges of LHC not taken notice of the deranged mulla offering 500,000 Rupees head money for the would-be-killers of Aasia bibi and instead barred the gov from pardoning her...? What a joke..

T R Khan | 13 years ago | Reply There is no worldly punishment for blasphemy. We should do away with the law. If we cannot do this then all prophets and religious leaders should be protected by the law including Baba Nanak, Mirza Ghulam Ahmad etc.

M M Malik | 13 years ago | Reply The blasphemy law has been round since the mid-eighties and hundreds of innocent people have been made its victim. Justice delayed is justice denied.

khalid.aziz | 13 years ago | Reply This is really unfortunate to have an LHC with rightist inclinitions. How could these judges on earth can stop people (Parliament) to change the laws of the land. This is really unacceptable and unfortunate. Are we going to have people like Justice Kayani, Justice Durrab Patel in our Justice system? I think-not, as extremist right prevails now everywhere- Thank you Gen.Zia.

coco | 13 years ago | Reply I support LHC decision fully!

Anoop | 13 years ago | Reply This is called free judiciary? I'll from now on stop referring to Pakistani Judiciary as Free and Fair. This is what happens when the word Islamic introduced into a Constitution.

Yasir | 13 years ago | Reply Support for human rights? Forget it when it comes to Punjab courts.

majid maqsood | 13 years ago | Reply Somebody says it rightly Mulla court, which does not care of any institution, it has always been the history of Lahore High court to give the such controversial decisions,legal experts can explain it but LHC is not supposed to barred any amendment by parliament and its right of Parliamentarian to move any amendment bill in the public interest. few days before LHC gave the controversial stay on the mercy appeal of Asia BB before any decision, now it seems LHC has been a party against Assia BB, and they want to impose decision against her. it was LHC, where Mailk Qayoom was recorded to get the dictation from CM Punjab, and it is the same court which gave the decision against Zulfiqar Ali Bhutto which was upheld by Supreme court, and now some retired judges are calling it judicial murder, so one should not surprise on the decision of LHC. its so astonishing to see that Asia BB categorically declines of such blasphemy, but few people think that, she has done this blasphemy, so one has to think who does this blasphemy those who forcing about this blasphemy or the person who declines about such act?? i think it is high time for progressive force of this country to take stand on such controversial decision and amend this black law (295 C) imposed by dictator Zia.

Iftikhar-ur-Rehman | 13 years ago | Reply Maybe the whole does not need any change but an addition "that anyone who has filed a case and if it not proven and found that the intentions were malafide then the person should get the same punishment.

KNS | 13 years ago | Reply Good one LHC keep it up!

T Khan | 13 years ago | Reply So this is the Azad Adilya we were told about? Now I am wondering, was it Mullah Toofan that was sponsoring the lawyers’ movement or was it Mullah Omer?

Humanity | 13 years ago | Reply Shame on the faithless judiciary, government, and the people who support tyranny in the name of religion. God protect the helpless women from the crazy bigots.

Sindhi | 13 years ago | Reply Mullah's of LHC making joke of law and courts!. Court has no authority to direct Parliament. An unconstitutional order is not binding and court is pushing parliament to come open and disregards its orders. If parliament amends the law disregarding court order, will Sharif notice parliament for contempt? Too much of Azad Adlia, judiciary needs some surgery!

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