Posts Tagged ‘ Lahore High Court ’

The Tragic Case of Mukhtaran Mai

As Reported by The Express Tribune

The decision by the deputy speaker of the National Assembly on April 22 to disallow any discussion on the Supreme Court’s verdict on Mukhtaran Mai is most unfortunate, especially given that it was PPP MNA Sherry Rehman who wanted to speak on the matter.
The Supreme Court decided earlier this week to uphold a Lahore High Court verdict that had acquitted all the accused in Mukhataran Mai’s gang rape in 2002, except one.

The gang rape was ordered by an illegal panchayat of Meerwala in Muzaffargarh, Punjab, after which an anti-terrorism court in Dera Ghazi Khan sentenced five of the six accused to death. The fact is that a powerful local tribe has been able to prevent its men from being punished by the justice system. The powerful in our society can first cause a delay in justice — nine years in this case — and then cause a miscarriage of justice through manipulation of the lower ranks of the police.
Mukhtaran Mai is one of many women who have to put up with violence at the hands of men and are forced to keep quiet because the investigative-judicial system is biased against them. Because of ‘anticipated injustice’ in Pakistan’s judicial system, Mukhtaran Mai was made into a global symbol of an abused woman, a challenge which she accepted. Unfortunately, the state became defensive about the publicity and support she got from all over the world; it also manifested a clear conservative bias against the women’s rights movement in Pakistan, which is demonised by powerful religious lobbies.

There was more than ‘anticipated injustice’ in the Mukhtaran Mai case. This was the impunity of the powerful, seen in relation to the terrorist elements in Pakistan which are supported by sections of the state. According to official statements, no terrorist caught after horrendous acts of killing has been punished. Those who view our judiciary politically say that the kind of out-of-the-box jurisprudence applied by the courts to matters such as the NRO will never be applied to Lal Masjid and Mukhtaran Mai. This view holds that the judiciary has always been drawn from a largely conservative legal community and it tends to agree with religious constraints to justice when it comes to women, while tacitly accepting the reign of the powerful in society.

The Supreme Court had intervened after the Federal Shariat Court in 2005 contested the jurisdiction of the Multan Bench. It heard the case and, agreeing with the Multan Bench verdict, ordered the release of the accused. Mukhtaran Mai went in appeal and the latest decision has come after over five years of hearings. Now, in 2011, two of the three judges on the bench have decided to go along with the earlier findings while one judge thought the Court could have taken a more pro-reform view and focused more closely on the notorious methodology of registering an FIR in areas where feudal power trumps justice all the time. The Musharraf government — illegal in the eyes of the Court — pitted itself against this wronged woman and put a ban on her travel abroad. If the liberal elements in Pakistan had stood behind the so-called ‘liberal reforms’ of Musharraf, this was one case that they did not support his government on. Alas, the Supreme Court’s latest decision will be seen as being supportive of Musharraf’s policy of hiding the truth of women’s disabilities in Pakistan from the world.

The judiciary takes the position that its power is not only derived from the Constitution but also from civil society, which stood up for the judges dismissed by Musharraf and finally got rid of the military ruler through street agitation. But civil society also includes women and their rights must equally be defended; more so because Pakistani society needs reform before it learns to treat women as desired by the Constitution. And the Court remains the guardian of the Constitution. If the Honourable Court is today dubbed as being ‘activist’ in favour of the people, let it be clear that it is not the Court of the conservative elements simply because they are powerful.

In Pakistan, Another Assassination and the Lessons Unlearned

By Natasha Fatah for Canadian Broadcasting Corporation

The Lion of Punjab is dead. Salman Taseer, the governor of Punjab in Pakistan, was assassinated in Islamabad on Tuesday by one of his own security guards.

When the guard later turned himself in to the police, he said that he killed the man he was supposed to be protecting because he considered Taseer’s campaign against Pakistan’s blasphemy laws an insult to Prophet Muhammad.

The blasphemy laws, which have been around since the 1980s, have been at the heart of a huge religious debate in Pakistan recently after a 45-year-old Christian woman was sentenced to death, allegedly in a dispute over drinking water among farm hands.

Most human rights observers say that the woman did nothing wrong, did not break any blasphemy law, and that the law is just being used to make some kind of example out of her.

Taseer stood by the side of this Christian woman, Asia Bibi, both literally and figuratively.

He stood next to her in the courtroom, which was a brave and dangerous move for any Muslim in Pakistan, but particularly so when you are a member of government and have a profile.

He had also waged an attack on those who wanted her dead by constantly criticizing the mullahs and hard-liners on his very active Twitter account these past weeks.

In response, Islamic fundamentalist politicians and imams were constantly attacking Taseer, even going as far as to say that criticizing the blasphemy law is an act of blasphemy itself, thus making Taseer an apostate.

A member of the Pakistan People’s Party and closely tied to President Asif Ali Zardari, Taseer had dedicated his life to social and political liberalism and to taking on the fundamentalists. But now that bravery has cost him everything.

According to witnesses, the guard who killed Taseer jumped out of a car, pointed his Kalashnikov and blasted away. He then continued his rampage, shooting the governor at least nine times.

Dropping his weapon, the man then gave himself up to police, saying later he was “proud” that he killed the blasphemer.

Another disturbing aspect to this story is that the assassin had managed to get himself into the police force and then, barely four months into the job, was transferred to the unit assigned to protect the governor.

It makes you wonder who was doing the vetting and whether some other even more devious plan was afoot. But how deep and powerful this doctrine of hate must be when someone who is paid to protect you ends up being the one to take your life?

Still, while it was the guard who pulled the trigger, it was the culture of hatred, ignorance and bigotry that put the idea in his head in the first place.

And it will no doubt be the disease of apathy among the majority of Pakistan’s comfortable middle class that will ensure nothing changes, which means more good men and women who want to reform Pakistan’s society will lose their lives.

After all, it was only three years ago that the world lost Benazir Bhutto, the former prime minister and leader of the Pakistan People’s Party, for the same reasons.

She, too, was an advocate on behalf of liberalism and democracy and an enemy of religious extremists and she, too, paid for it with her life. If her death could not motivate the wealthy, powerful and influential in Pakistan to stand up and change things, then I’m not sure what will.

There is strange culture in Pakistan of blaming the victim. When Benazir Bhutto was murdered, many middle-class Pakistanis, in effect blamed her for her own assassination.

They criticized her for knowing the risks and continuing to speak out. Some said that as a mother she was being selfish for putting herself in the public eye.

And now, with Taseer’s murder, there are murmurs about him bringing this on because he provoked the Islamists through his criticism of their agenda. These are the risks you take when you stand behind a Christian blasphemer, some are saying.

It is only in an upside-down world like Pakistan’s self-absorbed middle class where those who die for being brave are considered irresponsible.

And it’s not like these moderate politicians such as Taseer don’t represent the values of the ordinary Pakistani.

Overwhelmingly, whenever given the election opportunity, the people of Pakistan vote in liberal, moderate and middle-of-the-road parties. Hardline Islamist parties do not win majorities in any of the country’s provinces.

Still, there seems to be a disconnect between what the Pakistani middle class say they want — stability and democracy — and what they are willing to work for.

Yes, in the case of Taseer, they will mourn the loss of another great leader. But Pakistan has lost far too many moderate leaders like this while everything goes on as before.

Wealthy Pakistanis will continue to go to their luxurious parties at fancy hotels, where the poor and their servants are not even allowed to enter. They will continue to justify the economic divide that keeps so many of their fellow citizens in squalor. And they will continue to argue that the Islamist militants are just a creation of the Western media.

Fortunately, there are still a handful of journalists, lawyers and politicians in Pakistan who are fighting the good fight and putting their lives on the line to try to push back against the extremists who think that violence is the only way to get their ideas across.

But unless Pakistan’s elites joins this fight, nothing will change.

For Pakistan, with the current government coalition in danger of crumbling and its Taliban launched on a terror campaign in the capital Islamabad itself, Taseer’s murder is a horrible start to a new year.

Yes, there will be vigils throughout Pakistan and around the world this week for this fallen hero. But vigils are temporary and the underlying problem that Taseer was taking on will likely still be around long after the vigils have wrapped up.

Pakistani-Americans, Human Rights Groups Seek Blasphemy Laws Review

As reported by Dawn

Pakistanis living in the United States have joined human rights groups in urging the government to release Aasia Bibi and reconsider the laws that discriminate against minorities.

“We condemn the abuse of the blasphemy law and request President Asif Ali Zardari not to accede to the threats made by certain religious groups and award imminent clemency to Aasia Bibi,” said the Pakistani-American Public Affairs Committee, an umbrella organisation representing a dozen groups. In a recent meeting of its executive board, the Christian League of Pakistan in America also “strongly condemned the victimisation of innocent people under the blasphemy law”, reminding the government that “the entire world is awaiting a sane decision in the Aasia Bibi case”.

The organisation noted that President Zardari, Prime Minister Yousuf Raza Gilani, Human rights activist Asma Jehanghir and Punjab Governor Salman Taseer have all concluded that Aasia Bibi is innocent.

These and other Pakistani leaders also have realised that the blasphemy law discriminates against religious minorities, said a statement issued by the Christian League in Philadelphia.

“This law encourages certain elements which institutionalise intolerance in the name of religion and spread social persecution and legal discrimination,” observed the Pakistani American Public Affairs Committee. “As it stands, this law with its ambiguity
harms Pakistan and its’ citizens.”

The group warned that such news emanating from Pakistan “hinders its stature in rest of the world, which in turn negatively impacts its economic stability and trade practices”. The committee referred to a study by the National Commission for Justice and Peace, which reported that a total of 964 people had been charged under these laws from 1986 to 2009. Out of them, 479 were Muslims, 340 Qadianis, 119 Christians, 14 Hindus, and 10 of other religions.

The report also noted that although none of those charged under the laws has been executed; 32 people charged with blasphemy have been extra-judicially killed.

PAPAC noted that last July, Lahore High Court Chief Justice Khawaja Sharif while overturning a blasphemy case, said that “the treatment meted out to the woman was an insult to humanity and the government; and that civil organisations should be vigilant enough to help such people”.

The group urged the larger society in Pakistan to educate the masses of the virtue of tolerance.

“Pakistanis must start a meaningful and focused dialogue to look at how the blasphemy laws are being abused and thus violating the basic premise of their creation – to protect minorities.”

PAPAC also asked Pakistan’s legislators to amend and remove ambiguity and legal discrimination from Section 295 and 298 of the Pakistan Penal Code which covers the blasphemy provisions.

Meanwhile, a leading US human rights group called on Pakistan’s government to abolish the blasphemy law and other discriminatory legislation.

The government should also take legal action against militant groups responsible for threats and violence against minorities and other vulnerable groups, the New York-based Human Rights Watch said.

Referring to Aasia Bibi’s conviction, the group noted that she had already “suffered greatly and should never have been put behind bars”.

Amnesty International, USA, also issued a statement on Friday, seeking Aasia Bibi’s release and revision of the law under which this mother of five was convicted this month.

“Critics say that Pakistan’s blasphemy laws are used to persecute Christian and other minorities,” the group observed.

Time to Repeal the Blasphemy Law

By Nasim Zehra for The Express Tribune

In June 2008, Asiya Bibi, a Pakistani farm worker and mother of five, fetched water for others working on the farm. Many refused the water because Asiya was Christian. The situation got ugly. Reports indicate Asiya was harassed because of her religion and the matter turned violent. Asiya, alone in a hostile environment, naturally would have attempted to defend herself but was put in police custody for her protection against a crowd that was harming her.

However, that protection move turned into one that was to earn Asiya a death sentence. A case was filed against her under sections 295-B and C of the Pakistan Penal Code, claiming that Asiya was a blasphemer. Her family will appeal against the judgment in the Lahore High Court.

The Asiya case raises the fundamental question of how Pakistan’s minorities have been left unprotected since the passage of the blasphemy law. There may have been no hangings on account of the law but it has facilitated the spread of intolerance and populist rage against minorities, often leading to deaths. There is also a direct link between the Zia-ist state’s intolerance against minorities and the rise of criminal treatment of Ahmadis.

Cases have ranged from the Kasur case to the more recent Gojra case, from the mind-boggling row of cases between 1988-1992 against 80-year-old development guru Dr Akhtar Hameed Khan, to the case of the son of an alleged blasphemer, an illiterate brick kiln worker who was beaten to death by a frenzied mob.

Although doctor sahib faced prolonged mental torture, he was saved from the maddening rage that has sent to prison, and in some cases devoured, many innocent, poor and hence unprotected Pakistanis.

There is a long list, prepared by the Human Rights Commission of Pakistan, of unjust punishments handed down to Pakistani citizens whose fundamental rights the state is obliged to protect. Beyond punishments, minorities live in constant fear of being lethally blackmailed by those who want to settle other scores.

Yet most political parties have refrained from calling for the law’s repeal or improvement in its implementation mechanism. When, in the early 90s, I asked Nawaz Sharif sahib to criticise the hounding of Dr Khan, his response was a detailed recall of the story in which Prophet Muhammad (pbuh) went to ask after the health of a non-Muslim woman who repeatedly threw garbage over him. He condemned what was happening but said politics prevented him from doing so publicly. Later, General Musharraf, advised by other generals, reversed his announcement of changing the law’s implementation mechanism. Small crowds protested against it. Among politicians, very few exceptions include the PPP parliamentarian Sherry Rehman and, more recently, the ANP’s Bushra Gohar, who asked for its amendment and repeal.

Already sections of the judiciary have been critical of flawed judgements passed by lower courts in alleged blasphemy cases. Recently in July, Lahore High Court Chief Justice Khawaja Sharif quashed a blasphemy case against 60-year-old Zaibunnisa and ordered her release after almost 14 years in custody. According to the judgment, the “treatment meted out to the woman was an insult to humanity and the government and the civil organisations should be vigilant enough to help such people.” Surely the Bench should know the plethora of abuses that Pakistan’s minorities have suffered because of an evidently flawed law.

A message more appropriate, perhaps, would be to repeal the black law that grossly undermines the Constitution of Pakistan and indeed the teachings of Prophet Muhammad, one of the most tolerant and humane law-givers humankind has known. This environment of populist rage, fed by the distorted yet self-serving interpretation of religion principally by Zia and a populist mixing of religion and politics by a politically besieged Zulfikar Ali Bhutto, must be emphatically challenged. A collective effort to roll back these laws must come from parliament, the lawyers’ forums, the judiciary, civil society groups and the media.

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