SUPREME COURT ORDERS FULL HEARING ON BLASPHEMY CASE - Pakistani Christian Ayub Masih Granted Final Appeal.... by Barbara G. Baker.

Image

ISTANBUL, February 13 (Compass) -- In a preliminary hearing today in Lahore, the Supreme Court of Pakistan ordered a full hearing at the Supreme Court level for Ayub Masih, a Christian slated to be hanged for alleged blasphemy against the Muslim prop

news-1-15.jpg
A two-judge bench of the Supreme Court ruled that Masih's appeal was "a fit case for further consideration" in light of apparent legal irregularities in his prosecution. Set for review before three or more Supreme Court justices, the case is expected to be heard "within the next two or three months," Masih's defense lawyer Abid Hassan Minto told Compass.

It will be the final judicial appeal for Masih, jailed since October 1996 and kept in solitary confinement on death row for nearly four years in Multan's New Central Jail.

Now 34, Masih was convicted on the verbal testimony of one Muslim complainant, who claimed that during a private conversation his Christian neighbor had slandered Mohammed by praising Salman Rushdie's book, "The Satanic Verses." More than three years after Masih's initial conviction by a Sahiwal sessions court, the Multan High Court finally rejected his appeal last July. The surprise ruling rubber-stamped the lower court verdict, throwing the high-profile case before the Supreme Court for a final decision. In accordance with the "Criminal Petition Leave to Appeal" he filed last August, Minto argued before the Supreme Court today that Ayub Masih's case was exceptional. In particular, he raised the issue that the required "inherent" provisions of Quranic law had not been observed in his client's prosecution.

"This became what we call a 'hadd' case," Minto said, "because the legal punishment, the death sentence, is based on a Quranic injunction." Accordingly, he explained, Islamic law requires a pre-trial examination of the evidence and prosecutorial witnesses to determine if there is justification to proceed with the case.

This legal safeguard was never included in the Hudood Ordinances introduced into Pakistani law in 1980 under the regime of Zia ul-Haq. But Minto argued before the Supreme Court today that Islamic law "inherently" requires such a provision. In April 2000, Pakistan President Pervez Musharraf had announced procedural changes to restrict "misuse" of the blasphemy law, including a magistrate's review of the evidence before a case was registered. But after two weeks of heavy protests launched by Islamist leaders, the government was forced to back down, and the statutes were never changed. Minto said he did not believe his client's case would be remanded to a lower court for re-trial. "The Supreme Court will say that it's been once tried on a wrong assumption, but then they will acquit him," Minto said from Lahore. "I have very great hope in this."

Minto, a prominent Muslim human rights lawyer, had successfully represented Christian Gul Masih, acquitted in 1994 before the Lahore High Court on what the judges termed "concocted" blasphemy charges. However, Ayub Masih's alleged blasphemy conviction is the first such case to reach the Supreme Court level.

You May Also Like

Image

Pope Leo XIV Returns to Peru: ‘Much of My Own Story Belongs to You’

LIMA, Peru: (National Catholic Register) Pope Leo XIV arrived in Peru on Wednesday, Nov. 11, in a spectacular homecoming that drew an estimated thr

Image

New Book Recounts Stories of Papal Flights From John Paul II to Leo XIV

Vatican City: (National Catholic Register) The book Stories in Flight: 80 Years of Air Transport in Italy recounts stories of flying with the popes

Image

Senator Danesh Kumar Challenges Powerful Figures Over Alleged Forced Conversions of Hindu Minor Girls; LEAD Ministries Questions State Inaction Over Years of Allegations Against Mian Mitho

ISLAMABAD, Pakistan: Sardar Mushtaq Gill, Human Rights Defender, Lawyer, Founder and International Advocacy Director of LEAD Ministries, has strong



"Trial of Pakistani Christian Nation" By Nazir S Bhatti

On demand of our readers, I have decided to release E-Book version of "Trial of Pakistani Christian Nation" on website of PCP which can also be viewed on website of Pakistan Christian Congress www.pakistanchristiancongress.org . You can read chapter wise by clicking tab on left handside of PDF format of E-Book.

nazirbhattipcc@aol.com , pakistanchristianpost@yahoo.com