Blasphemy cases and Mansehra Bar's Pakistan refusal to provide legal representation By Dr.Adil Ghouri

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On September 29, 2025, the District Bar Association of Mansehra passed a unanimous resolution prohibiting its members from defending or representing individuals accused of blasphemy, desecration of the Holy Quran, or insulting the Companions and Ahlul Bayt.The resolution called for a formal ban on lawyers representing individuals accused of blasphemy or desecration of the Holy Quran. Lawyers' leader Swati said the resolution was passed unanimously with no member expressing opposition.  
The Vice Chairman of the kpk bar assosiation  emphasized that lawyers cannot be prevented from performing their professional duties and defending an accused is the first responsibility of a lawyer.    However, the Khyber Pakhtunkhwa Bar Council, along with members of the Pakistan Bar Council, rejected this resolution.  
  
I think in the history of Pakistan, from any Tehsil Bar to the Supreme Court Bar Association, no such resolution has been passed till date.  
As a humble student of the Constitution of Pakistan, when I read Article 10 and its sub-clause 10A of the Constitution of 1973, this resolution seems to contradict the true spirit of the Constitution, including the Legal Practitioners and Bar Councils Act, which guarantees the right to a fair trial and the right to choose a lawyer. An arrested person has the right to consult and defend a lawyer.  
I agree that if someone commits blasphemy or blasphemy, they should be punished to the fullest extent of the law, but it cannot be denied that misuse of this law has also come to light. This has been proven in numerous cases. Some desperate religious fanatics misuse this law for their personal desires, interests, and grievances, and file false and baseless cases against people.Realizing this, the Islamabad High Court issued an order on July 21, 2025, for the Government of Pakistan to appoint a commission to inquire into the 775 blasphemy cases registered in the country, which should complete its inquiry within 40 days and submit its report to the esteemed court.  
Many courageous and highly qualified lawyers have helped innocent prisoners to be released. In some notable examples, in 2025, the Supreme Court released Anwar Kenneth, a Christian man who had spent 23 years on death row, after arguments from his lawyers  
Another 2021 case involved Shafqat Emmanuel and Shagufta Kausar, a Christian couple sentenced to death, whose conviction was overturned by the Lahore High Court due to lack of evidence. Additionally, Rimsha Masih was acquitted in 2012 after it was determined that she was a minor with a mental disability, and the evidence against her was weak.  
The Supreme Court acquitted Asia Bibi in October 2018, overturning her death sentence. The court noted “clear and stark” contradictions in the prosecution’s case and that her co-defendants had given false  
testimony.  
Other acquittals • Rahmat and Salamat Masih: In February 1997, the Lahore High Court acquitted two Christians, Rahmat and Salamat Masih, on the grounds that they were not familiar with Arabic and therefore could not have deliberately written objectionable material.  
  
  
In all these baseless and false cases, the accused were acquitted only due to the professional skills of the lawyers. Not only this, but legal experts like Rashid Rehman sacrificed their lives while discharging their professional responsibilities. Similarly, Advocate Saiful Malook has faced many difficulties.  
  
Instead of imposing a ban on its lawyers, the Mansehra Bar Association should encourage them to provide full legal assistance for the release of innocent accused in blasphemy cases and play an effective role in ensuring that those guilty of blasphemy are punished to the fullest extent of the law.   

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