ISLAMABAD: The Supreme Court Wednesday overturned the conviction of Asia Bibi, a Christian mother facing execution for blasphemy.
A three-judge bench headed by Chief Justice Mian Saqib Nisar, with Justice Asif Saeed Khosa and Justice Mazhar Alam Khan Miankhel its members, had reserved its ruling on Asia Bibi’s final legal appeal against execution on October 8.
“The appeal is allowed. She has been acquitted. The judgement of the high court as well as the trial court is reversed. Her conviction is set aside,” the chief justice said while announcing the verdict to a packed courtroom. “She is to be released forthwith if not required in any other case,” he added.
The 56-page detailed judgement was authored by Chief Justice Mian Saqib Nisar, with a separate concurrent opinion note from Justice Khosa.
“It is a well settled principle of law that one who makes an assertion has to prove it. Thus, the onus rests on the prosecution to prove guilt of the accused beyond reasonable doubt throughout the trial,” the order noted. “Presumption of innocence remains throughout the case until such time the prosecution on the evidence satisfies the court beyond reasonable doubt that the accused is guilty of the offence alleged against him,” it added.
“Keeping in mind the evidence produced by the prosecution against the alleged blasphemy committed by the appellant, the prosecution has categorically failed to prove its case beyond reasonable doubt,” the verdict concluded. “It is not for the individuals, or a gathering (mob), to decide as to whether any act falling within the purview of Section 295-C has been committed or not, because as stated earlier, it is the mandate of the court to make such decision after conducting a fully qualified trial and on the basis of credible evidence brought before it,” it maintained.
“Blasphemy is a serious offence but the insult of the appellant’s religion and religious sensibilities by the complainant party and then mixing truth with falsehood in the name of the Holy Prophet Muhammad (Peace Be Upon Him) was also not short of being blasphemous,” Justice Khosa said in his note.
Asia Bibi appeared to be in a state of disbelief after hearing that the apex court had quashed her conviction nearly eight years after she was first sentenced to death. “I can’t believe what I am hearing, will I go out now? Will they let me out, really?” she said by phone from prison after the ruling. “I just don’t know what to say, I am very happy, I can’t believe it.” “The verdict has shown that the poor, the minorities and the lowest segments of society can get justice in this country despite its shortcomings,” Bibi’s lawyer Saif-ul-Mulook said. “This is the biggest and happiest day of my life,” he added.
“Pakistan Zindabad,” assassinated Punjab governor Salmaan Taseer’s son Shahbaz Taseer tweeted following the ruling.
Taseer was assassinated by his own police guard for advocating for Bibi in 2011. His assassin, Mumtaz Qadri, was later executed in 2016.
Published in Daily Times, November 1st 2018.
