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Blasphemous content: Myth or reality?

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THE Government of Pakistan is observing March 15 as “Tahafuz-e-Namus-e-Risalat Day” to raise awareness regard-ing blasphemous content, in compliance with the order of the Honorable Lahore High Court, Rawalpindi Bench.

This initiative aims to curb the emerging menace of Islamophobia, which is not only against Pakistan’s domestic laws but also contrary to legal instruments of the United Nations.

Chapter XV of the Pakistan Penal Code criminalizes certain acts related to religion.

Specifically, Sections 295-A, 295-B, and 295-C address deliberate and malicious acts intended to outrage religious feelings, defiling the Holy Qur’an, and the use of derogatory remarks against the Holy Prophet (PBUH).

Facts in brevity are, from 2020 to 2024, Federal Investigation Agency (FIA) arrested hundreds of persons who have been accused of committing crimes by performing immoral activities, posting and sharing objectionable content about religious personalities of Islam on social media.

Usage of electronic devices in commission of crime especially online crimes falls within the ambit of Prevention of electronic Crimes Act 2016 that is the jurisdiction of FIA to deal with.

Multiple NGOs, people from legal fraternity, media and state institutions raised concerns about misuse of the blas-phemy laws in Pakistan for material benefits.

To justify this statement, National Commission For Human Rights pub-lished a fabricated report under title “NCHR Investigation Into Blasphemy Cases” by blaming FIA officials for en-trapment of accused persons by relying on self-contradictory facts which were distorted.

For example, NCHR terms all cases of blasphemy from 2020 to 2024 planted on page 15 of its report that does not convey any sense as a prudent mind can give a small margin that some cases could b false because of defects of the criminal justice system of Paki-stan, but most of cases are genuine.

Not considering even a single genuine case since 2020 raised concerns about the authenticity and transparency of this report that is accessible globally and putting bad smudges on the face of Paki-stan.

Another blatant example that shows malafide and ulterior motives behind publication of this report is that Special Branch prepared a “Confidential Report” bearing “SR NO. 07/2024 on 04-01-2024” about only 21 previously lodged FIRs and 10 complaints based on unclear and undisclosed source information regarding involvement of FIA officials to engage people in blasphemy activities via social media by entrapment, and then to register FIRs to gain money.

As per law, “confidential reports” of Special Branch are specifically prepared to report directly to Inspector General of Police, Punjab and Chief Minister through.

It is also pertinent to mention here that such reports lie under the ambit of classified documents which are legally prohibited to disclose publicly, but it was leaked because of negligence.

Later on, NCHR committed illegality by publishing the report of Special Branch in its report by publicizing the “Confiden-tial Report” of Special Branch and termed all cases of blasphemy of 2020, 2021, 2022, 2023 and 2024 pre-planned, fabricated and results of entrapment with nexus of FIA on the basis of source report of Special Branch about 21 previ-ously lodged FIRs and 10 complaints based on unclear and undisclosed source information.

In this way, NCHR dam-aged reputation of Pakistan and its law ad enforcement agencies severely by propagating against 395 (A)(B)(C) PPC that is the matter of further inquiry.

The fabricated report of NCHR levied self-contradictory allegations without written evidences of complaints of vic-tims against jails’ administration about mistreatment, life threats and over crowded cells of culprits of blasphemy in different jails of Punjab such as Camp Jail, Lahore, Adiala Jail & Kot Lakhpat Jail that is further matter to be verified and investigated to dig out real facts despite portraying exaggerated and bad image of Pakistan globally.

Universal Declaration of Human Rights protects the right of freedom of expression but subject to restrictions as well as inherent dignity of all human beings so dignity of sacred religious personalities is also be protected which are now at stake after publication of fabricated report of NCHR.

Articles 19 (2)(3)(3a)(3b),20(2) and 22(1)(2) of United Na-tions Convention an Civil and Political Rights encourage respect for the rights of others, maintaining public order and moral values, and the manifestation of religious beliefs freely.

Thus, fabricated report of NCHR that is accessible globally is blatant violation of international law that will tarnish repute of Pakistan and its institutions at global level.

United Nations Organization also adopted different resolutions such as Resolution No.36/55 under title “Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief”, Resolution No.47/135 under title “Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities”, Astana Declaration, the Madrid declaration and Resolution No.55/23 to make obligatory for state parties to curb the menace of religious extremism, threats to religious beliefs of other religions under phenomena of religious hatred and all forms of intolerance.

Thus, the report of NCHR is not only against the constitutional spirit of Pakistan but also against international law as settled by the United Nations for fundamental rights of all and sundry for mainte-nance of peace and co-existent society.

Pakistan’s government must take precautionary measures against persons who misuse blasphemy laws for their own benefits and against NGOs which pseudo human rights organizations who distort facts defame Pakistan about under-trial cases.

Awareness about blasphemy must be given in educational institutions in compliance with court order.

—The writer is a Lahore-based public litigation Advocate of High Court & researcher on human rights and criminal justice system. (Ch.changezi.sandhu.111@gmail.com)

 

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