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SENTENCE FOR BLASPHEMOUS TRIAL
“The SC must also take cognizance of the fact that trial courts and high courts become prejudicial if the case is of Section 295-C,” he said, referring to prolonged delays in trials and hearing of appeals. However, the court disregarded the submissions and relevant case law.”Īttorney Bashir said the defense hopes the Supreme Court will administer justice to the falsely accused brothers, charged with blaspheming against Muhammad, the prophet of Islam, which calls for a mandatory death sentence under Section 295-C of Pakistan’s widely condemned blasphemy laws. “Similarly, in the Ayub brothers’ case, the prosecution did not establish that they authored or posted the blasphemous material on the blog. “The appellant could be convicted only if the prosecution establishes that the phone was in his use and that he authored and sent the alleged text message,” Maan said. The lawyer said that he also cited a recent judgment by the Lahore High Court which held that a blasphemous text message found in the phone of an appellant in another case was insufficient evidence for conviction. The FIA did state to the court that it had held a “technical meeting” with the complainant, after which the charges were filed, Maan said, “but the fact is that the complainant is not even a matriculate, so how could he have such a meeting with the agency?” “I pleaded with the court to inquire of the Cybercrime Wing of the Federal Investigation Agency (FIA) why they had failed to authenticate the creator of the blasphemous blog from the WordPress management, to which the investigating officer said the company was not responding to their request,” Maan said. The trial court convicted both brothers in December 2018, reasoning that the presence of their contact information on the blog and their neglecting to approach the website administrator to remove the contact details showed that they were responsible for creating it.
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“The case against the brothers was based on the blasphemous content posted on a blog which, according to the brothers’ testimonies, was created by the Muslim friends of Qaiser using their contact information from the original website after a fight broke out between them over one of the friend’s sister,” Maan said. The brothers also operated a website where they posted news about the activities of their organization, he added. The lawyer said that Amoon Ayub was a music teacher at a private school in Lahore and was running a small charity for welfare of Christians, the United Christian Organization (UCO), with his older brother, Qaiser Ayub. She also has the right to appeal the case to the Lahore High Court.“None of that information proved that either of the two brothers actually authored or posted the blasphemous material on the blogging website,” he said. The Commission also said that investigations and prosecutions often did not meet the due diligence requirements.Ītteeq’s death sentenced must be confirmed by the Lahore High Court before it will be imposed. In 2015, the International Commission of Jurists found that blasphemy trials in Pakistan were “fundamentally unfair.” The Commission stated that intimidation and harassment of judges were common practice, causing demonstrable bias and prejudice against defendants by judges. a case against me and during chat he collected everything that went against me.” During an evidentiary statement, Atteeq stated: “I feel that he intentionally dragged into this topic for revenge, that’s why he got registered. She argued that the individual she was messaging on WhatsApp deliberately drew her into a religious discussion so he could collect evidence in revenge after she refused to be more than friendly with him. The sessions court awarded Atteeq a death sentence under Section 295-C for blasphemy, as well as 10 years under Section 295-A for insulting religious beliefs.Ītteeq, a practicing Muslim, denied all charges.
SENTENCE FOR BLASPHEMOUS CODE
The sharing of such “insulting images” of Prophet Muhammad triggers a mandatory death sentence under the country’s strict blasphemy laws, S ections 295-A, 295-C, and 298 of Pakistan Penal Code (PPC) and Section 11 of Prevention of Electronic Crimes Act (PECA).
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A Pakistan sessions court in Rawalpindi Wednesday sentenced a Muslim woman to death for committing blasphemy by insulting Prophet Muhammad over WhatsApp messages.Īneeqa Atteeq was accused of sending blasphemous caricatures of Prophet Muhammad and making remarks about holy personages on WhatsApp while also using her Facebook account to post blasphemous materials to others.