Christian jailed for ‘blasphemy’ under Pakistan’s counter-terrorism law

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ARIF ALI/AFP via Getty Images

LAHORE, Pakistan A judge allows a Catholic to be charged with blasphemy under Pakistan’s anti-terrorism law, which his lawyer has called illegal and illogical.

Lawyer Rana Abdul Hameed said Lahore Anti-Terrorism Judge Abher Gul Khan on July 6 rejected his request to drop terrorism charges against Imran Rehman, 32, arrested by the Federal Investigation Agency (FIA) in Lahore on September 14, on allegations that he shared a blasphemous message in a WhatsApp group. The first information report (FIR) was filed the same day.

The government is working on draft amendments to allow blasphemy cases to be tried under Pakistan’s counter-terrorism laws, but at present they fall outside their jurisdiction, Hameed said.

There is no legal provision yet to try blasphemy defendants under anti-terrorism laws, he told Morning Star News. The FIA’s act of including sections of the anti-terrorism law in the FIR is completely illegal, but the judge rejected our plea.

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The charges against Rehman, who worked at a ticket office in the Lahore metro bus system, are baseless, he said. Rehman was charged under sections 295-A, 295-B, 295-C and 298 of Pakistan’s blasphemy laws, section 109/34 and section 11 of the Prevention of Electronic Crimes Act 2016 and sections 6(2)(1), 7, 8 and 9 of the Anti-Terrorism Act 1997.

Rehman denies sharing profanity on social media. Calling the charges against him under the anti-terrorism law illogical and illegal, Hameed said he would file a petition with the Lahore High Court to drop the terrorism charges.

Suspects charged with blasphemy under the Anti-Terrorism Act (ATA), especially those from vulnerable and marginalized groups, suffer severe trauma and face unfair trials, Hameed said.

This unfair characterization of blasphemy defendants as terrorists creates the impression that the defendant poses a serious threat to society not only as a blasphemer but also as a terrorist, he said. My client is under great mental pressure because he is imprisoned in a barracks where four out of six prisoners suffer from mental illness. These false accusations and label of suspected terrorist are having an impact on his mental and physical health, and it is important that the courts realize the injustice inflicted on the poor man.

Joseph Jansen, advocacy officer at the Jubilee Campaign, said Rehman was the father of two underage girls and was the family’s sole breadwinner.

His family is deeply grieved and concerned for his well-being, Jansen told Morning Star News. They allege that Rehman was subjected to severe torture and forced to confess to a crime he did not commit.

The rights advocate said Pakistani police continued to register cases of blasphemy under the ATA, in violation of the law’s intended mandate.

The Rehmans case underscores the urgent need for a comprehensive review of laws and procedures relating to blasphemy charges to ensure fairness, protect the rights of the accused and prevent possible abuse of power, Jansen said.

Moreover, Pakistan’s blasphemy laws are inconsistent with international human rights standards, he said.

The accuser who makes blasphemy allegations against a person is required to prove malicious intent, but this stipulation is missing from the legislation and is not considered in blasphemy trials, Jansen said.

On June 17, Pakistani Interior Minister Rana Sanaullah and Economic Affairs Minister Sardar Ayaz Sadiq signed an agreement with leaders of the hardline Islamist Tehreek-e-Labbaik Pakistan (TLP) party that would allow blasphemy cases to be tried under the country’s anti-terrorism law.

The agreement stipulates that the penalty under Section 7 of the ATA would apply to suspects charged with committing blasphemy under Section 295-C of the Pakistani Penal Code for making derogatory remarks towards the Islamic Prophet Muhammad.

The government has also agreed to establish a Counter Blasphemy Wing under the aegis of the FIA ​​to take action against the spread of blasphemous content on the internet. In addition, the agreement provides for speedy trials for blasphemy suspects, as well as a speedy appeal process.

A Muslim Supreme Court lawyer, Asad Jamal, told Morning Star News that derogatory remarks about Muhammad under Section 295-C do not fall under the definition of terrorism and that the purpose of the ATA is to fight bigotry.

295-C concerns the attack on religious feelings as a result of blasphemy against [the Islamic] Prophet Muhammad, while Section 7 of the ATA relates specifically to acts in which the general public feels terrorized by violence, Jamal previously told Morning Star News. This here justifies the question of how an accused can excite the masses and at the same time terrorize them? Going forward with any initiative to amend the ATA to include Section 295-C will only worsen the human rights situation in Pakistan.

For the agreement to take effect, the government must amend the ATA through parliament.

Blasphemy against Muhammad is punishable by death under Pakistani law, and conviction requires little legal evidence.

As a result, blasphemy laws are often used as a weapon of revenge against Muslims and non-Muslims alike to settle personal scores or to resolve disputes over money, property, or business. In a religiously sensitive country, a single allegation is enough to riot and lynch those accused of blasphemy.

Blasphemy allegations have also led to mob attacks on Christian settlements, particularly in Punjab province.

On July 8, police arrested Zaki Masih after a Muslim from the Sargodha region accused him of insulting Islam in a Facebook post. On June 30, tension gripped the Chak 49 Shumaali village of Sargodha after a Bible verse posted on Facebook by Haroon Shahzad was deemed to equate Muslims with pagans and disrespectful of animal sacrifice.

Pakistan ranked seventh on the Open Doors 2023 global watchlist of the toughest places to be a Christian, up from eighth the previous year.

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