Asia Bibi case: Justice Asif Saeed Khosa's additional note
- 5 years ago
The Supreme Court Wednesday overturned the conviction of Asia Bibi, a Christian mother facing execution for blasphemy, in a landmark case which has incited deadly violence and reached as far as the Vatican.
Bibi appeared to be in state of disbelief after hearing that Pakistan’s Chief Justice Saqib Nisar 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?" Bibi told AFP by phone from prison after the ruling.
"I just don't know what to say, I am very happy, I can't believe it."
Demonstrations broke out in major cities across the country following the verdict, with approximately a thousand club-wielding demonstrators blocking Islamabad’s main highway as several roads in the port city of Karachi were barricaded by protesters sparking chaotic traffic jams.
Justice Asif Saeed Khosa also penned down an additional note on the verdict, which is being reproduced here:
Asif Saeed Khan Khosa, J.: I have had the privilege of perusing the proposed judgment authored by my lord the Hon’ble Chief Justice and I agree with the reasons recorded and the conclusions reached therein. However, because of some important legal and factual issues involved in the case I have decided to record this separate concurring opinion.
2. Mst. Asia Bibi appellant had allegedly made some derogatory remarks against the Holy Prophet Muhammad (Peace Be Upon Him) and the Holy Qur’an on 14.06.2009 in the presence of some of her Muslim female co-workers while plucking Falsa (a kind of berry also known as grewia asiatica) in the field of one Muhammad Idrees in village Ittanwali in the area of Police Station Sadar, Nankana Sahib and for that alleged commission of the offence of blasphemy under section 295-C of the Pakistan Penal Code, 1860 (P.P.C.) she was booked in case FIR No. 326 registered at the said Police Station on 19.06.2009 at the instance of Qari Muhammad Salaam complainant, an Imam of the local mosque. It was alleged that the appellant had stated something to the effect that the Holy Prophet Muhammad (Peace Be Upon Him) had fallen ill and was bedridden for one month before his death, insects had emerged from his mouth and ear, he had got married to Hazrat Khadija (May Almighty Allah Be Pleased With Her) with the intention to loot her wealth and after looting her wealth he had discarded her. It was also alleged that on the same occasion the appellant had also uttered words to the effect that the Holy Qur’an was not a book of God and it was not a divine book but a self-made book. The appellant was arrested by the local police on 19.06.2009 soon after registration of the FIR and upon completion of the investigation a Challan was submitted before the trial court recommending her trial. The trial court framed a Charge against the appellant for an offence under section 295-C, P.P.C. to which she pleaded not guilty and claimed a trial. During the trial the prosec
Bibi appeared to be in state of disbelief after hearing that Pakistan’s Chief Justice Saqib Nisar 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?" Bibi told AFP by phone from prison after the ruling.
"I just don't know what to say, I am very happy, I can't believe it."
Demonstrations broke out in major cities across the country following the verdict, with approximately a thousand club-wielding demonstrators blocking Islamabad’s main highway as several roads in the port city of Karachi were barricaded by protesters sparking chaotic traffic jams.
Justice Asif Saeed Khosa also penned down an additional note on the verdict, which is being reproduced here:
Asif Saeed Khan Khosa, J.: I have had the privilege of perusing the proposed judgment authored by my lord the Hon’ble Chief Justice and I agree with the reasons recorded and the conclusions reached therein. However, because of some important legal and factual issues involved in the case I have decided to record this separate concurring opinion.
2. Mst. Asia Bibi appellant had allegedly made some derogatory remarks against the Holy Prophet Muhammad (Peace Be Upon Him) and the Holy Qur’an on 14.06.2009 in the presence of some of her Muslim female co-workers while plucking Falsa (a kind of berry also known as grewia asiatica) in the field of one Muhammad Idrees in village Ittanwali in the area of Police Station Sadar, Nankana Sahib and for that alleged commission of the offence of blasphemy under section 295-C of the Pakistan Penal Code, 1860 (P.P.C.) she was booked in case FIR No. 326 registered at the said Police Station on 19.06.2009 at the instance of Qari Muhammad Salaam complainant, an Imam of the local mosque. It was alleged that the appellant had stated something to the effect that the Holy Prophet Muhammad (Peace Be Upon Him) had fallen ill and was bedridden for one month before his death, insects had emerged from his mouth and ear, he had got married to Hazrat Khadija (May Almighty Allah Be Pleased With Her) with the intention to loot her wealth and after looting her wealth he had discarded her. It was also alleged that on the same occasion the appellant had also uttered words to the effect that the Holy Qur’an was not a book of God and it was not a divine book but a self-made book. The appellant was arrested by the local police on 19.06.2009 soon after registration of the FIR and upon completion of the investigation a Challan was submitted before the trial court recommending her trial. The trial court framed a Charge against the appellant for an offence under section 295-C, P.P.C. to which she pleaded not guilty and claimed a trial. During the trial the prosec