NewsOctober 14 , 2017
Blasphemy law: Accuser must be punished under same law if charge proves wrong, says IHC
ISLAMABAD: An accuser should be punished under the same blasphemy law if the allegations against the accused prove wrong after an investigation, and legislation in this regard is required.This was written by Justice Shaukat Aziz Siddiqui of Islamabad High Court in his detailed judgment in a blasphemy case.
Justice Siddiqui observed that it was not an ordinary case of a personal dispute between ordinary persons, but fulfillment of constitutional and legal responsibilities for security and integrity of Pakistan. The court recommended that parliament fix the same punishment for false accusation as is for a blasphemer under the law.
Accusing someone of blasphemy, or providing wrong information against anyone is a serious crime under Article 182 of Pakistan Penal Code (PPC). When the blasphemy charge against the accused is proved, he is condemnable by death.
In the detailed verdict, Justice Siddiqui declared that love for Holy Prophet (peace be upon him) forms the basis of faith (Iman) of any Muslim on which no faithful could make any compromise.
Pope Francis had rightly and aptly warned those committing blasphemy in the name of freedom of expression that “if you swear at my mother, you must be ready for a punch”.
The verdict also quoted from Tafseer-e-Usmani, saying it is like hurting Allah Almighty if holy prophets are blasphemed or ill words are uttered about them.
According to Tafseer Mazhari, raising objections at the person or the deed of Holy Prophet (SAW), or finding faults with him is Kufr (denial of the Truth). Even Tawba (retreat or regret) could not save
a blasphemer from punishment. Sanctity and respect of Allah and His Prophet (SAW) has the same dimension. That’s why showing even an iota of disrespect to Holy Prophet (SAW), uttering any insulting words or exhibiting any such intensions fall in the ambit of blasphemy. The respect and sanctity which Islam attaches with the name of Holy Prophet (SAW) could neither be covered through any court verdict nor the acts of any human being.According to the Constitution of Pakistan, no legislation could be done repugnant to the Islamic injunctions. Also, under the Pakistan Constitution and law, nobody could be forced to adopt any particular religion and faith, or abandon his religion or faith. While strict penalties have been instituted for blasphemers, inappropriate conversation about the blasphemy law is also prohibited.
The court stated that it is fully cognizant of the fact that some elements level false allegation of blasphemy against their opponents to trap them in the legal process and put them to masses’ wrath which makes the accused a symbol of hatred, liable to be ostracized and penalized. But, the court ruled, that false accusation under the blasphemy law and a false information about an offense is not only punishable under Section 182 of the Pakistan Penal Code, but a serious crime itself, by which the person leveling a false allegation of blasphemy himself becomes guilty of blasphemy by attributing blasphemous words or actions to an innocent person.
In order to pre-empt the misuse of the blasphemy law, the court observed it is imperative that the person making false accusation of blasphemy should also be meted out the punishment provided in the form blasphemy law. Therefore, the matter should be referred to the legislature for necessary legislation.
Courtesy www.thenews.com.pk
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