One of the most dreaded accusations that can be levelled against non-Muslims living in Pakistan is that of blasphemy. A mere accusation is then enough to face long periods of jail, intimidation and finally a death sentence. In fact, a death sentence can be almost deemed mandatory in blasphemy cases, and courts usually take the accusation itself as proof of culpability. As such, blasphemy laws of Pakistan are some of the worst and considered harshest in the world, including as compared to the relevant laws in the Arab nation of Saudi Arabia, where Islam was born.
Pakistan’s blasphemy laws are to be found primarily within Sections 295-298 of the Pakistan Penal Code. The relevant provisions criminalise acts considered to insult religion or religious feelings. These laws are often heavily criticised, within Pakistan, by human rights activists and others, for their sweeping interpretations. Such interpretations, in turn, make them liable to be misused and abused. As these often severe penalties, including the death penalty or life imprisonment for most offences, are presumed or committed. The blasphemy trials are generally held in a Sessions Court with a Muslim judge presiding.
One cornerstone of jurisprudence is to presume an accused as “innocent till proven guilty. However, in most blasphemy cases, this is turned on its head and non-Muslim accused people are presumed “guilty till proven innocent. This trend is starkly visible if we see the long trial of a Christian woman named Asia Bibi, who was accused of blasphemy. Even after being acquitted by the Supreme Court of Pakistan, she had to leave Pakistan for her own safety, and she migrated to Canada, where she continues to lead a miserable life.
There are dozens of people accused of blasphemy who have faced a similar fate, or worse, been killed by Islamist fanatics. These fanatics mostly enjoy the protection of police, the political establishment and a very powerful section of lawyers and judges.
A case that has come to light now is that pertaining to a Christian man being acquitted of blasphemy charges after spending 23 years in jail. He was on death row since 2002, for a straight 23 years, but has now been declared innocent of the charges levelled against him. The case pertains to a 72-year-old Christian in Pakistan who has been acquitted of blasphemy by the Supreme Court and is due to be released soon. However, the decision has been met with anger by Islamist activists who are baying for the blood of the man.
Anwar Kenneth, a Catholic Christian, was arrested in 2001 for sending letters which were deemed blasphemous towards Islam’s Prophet Mohammad and the Quran. He was charged under Section 295-C of Pakistan’s blasphemy laws, which carries a mandatory death sentence. Much criticised the world over, this is a law which has often been abused by Muslims to settle personal scores with non-Muslims against whom other attempts have failed.
In July 2002, a Lahore court sentenced him to death after he pleaded guilty, declaring, “God is my counsel”! Reshma Bibi, Anwar’s 83-year-old sister, in interviews given to some media houses, said: “My brother is a Bible scholar and often engaged in scholastic discussions with his Muslim friends and religious leaders. He communicated his religious ideas through letter writing, but was never disrespectful… It was one of these letters that was used to silence him.”
Last week, Anwar’s case was heard by the Supreme Court, with three judges declaring ‘a person of unsound mind could not be held liable for such a crime’. Afterwards, defence counsel Rana Abdul Hameed told reporters, “It is very unfortunate that an elderly man has languished in various prisons for over two decades despite his mental health condition.”
During the hearing last week, there was intense pressure from Islamic legal groups, including the Khatm-e-Nabbuwat (Finality of Prophethood) Lawyers Forum. The Khatm-e-Nabbuwat group demand strict enforcement of blasphemy law and believes Mohammad was Islam’s final prophet. This legal group has been very vocal and intimidating due to the support it enjoys from political parties and hardliners of the TLP and others.
This group of lawyers has often interrupted functions organised by the Ahmadiya community of which Sir Zafarullah Khan, the first foreign minister of Pakistan, was an adherent. “These lawyers and clerics caused a ruckus as soon as the judges announced the acquittal,” Hameed said. “Kenneth’s acquittal is a big setback to them; it will have an impact on all blasphemy cases of similar nature.”
“Pakistan’s blasphemy laws have for years been weapons of persecution,” said Thomas Mueller, an analyst for Open Doors, which reported the case extensively. “At present, we’re witnessing a surge in mob violence in which mere rumour incites deadly attacks. A staggering 344 new blasphemy cases were recorded in 2024 alone – a revealing high, suggesting these laws are being weaponised. Frequently, lower courts do next to nothing, let alone uphold the rule of law.”
The case highlights broader concerns around Pakistan’s treatment of blasphemy defendants who suffer from mental health issues. “The Supreme Court’s decision… will help highlight the plight of dozens of other blasphemy prisoners suffering from mental health challenges, yet their cases have been pending for years,” said Hameed.
Comments