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Murder By Law

dabong1

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On March 9, hundreds of houses of poor and helpless Christians were once again burnt down in the so-called ‘citadel of Islam’ – Pakistan. This bestial crime was committed in the name of ‘love’ for the Prophet (PBUH) and to protect his ‘honour’ by thousands of frenzied Islamists who call themselves aashiqaane Rasool (lovers of the Prophet).

A few days earlier, Sawan Masih, a Christian from Joseph Colony Badami Bagh in Lahore, was accused of uttering blasphemous words against the Prophet by his erstwhile best friend – Shahid Imran. The two men were allegedly partners in a bootlegging enterprise and it was customary for both to sit together for a daily sundowner. That day the men were said to be particularly inebriated and began fighting for no apparent reason. As the fight exacerbated, Imran decided to teach Sawan a lesson. He approached local clerics the next day and told them that Sawan had insulted the Prophet. Soon thereafter, local police registered a case against Sawan under the blasphemy laws and took him into custody.
In the normal course of things an accuser would have waited for the investigation to be completed and the law to take its course, but not in the Land of the Pure. Islamic zealots from the area decided to take the matter into their own hands and attacked the mainly Christian janitors’ Joseph Colony, setting ablaze more than 200 homes. As their houses and belongings were reduced to ashes, police present at the sight merely watched the spectacle as bystanders, making no effort to control the mob.

When the media started issuing reports about the carnage, the Chief Justice of Pakistan Iftikhar Chaudhry took suo moto action of the incident, and during the first hearing of the case on March 11 said that it did not seem to be a case of blasphemy, but a land-grabbing issue. The Supreme Court noted that no party, including the police, was actually trying to unearth the facts behind the incident and held the police and the Punjab government responsible for their failure to stop the arson. The court also rejected the Punjab government’s report on the incident, adding that the latter had clearly learnt nothing from the Gojra affair – another incident of arson on July 31, 2009 in which a rumour about the alleged desecration of the Quran propelled thousands of enraged Islamists to attack a Christian town, Gojra, near Toba Tek Singh. In that incident, eight Christians were burnt alive and 18 others injured. Fifty houses were torched and a church was destroyed. The suspected perpetrators of the attack were activists of the defunct Sipah Sahaba Pakistan (now active as the Ahle Sunnat Wal Jamat). Subsequently, on February 11, 2011 they reportedly coerced the Christians to withdraw cases against the 150 Muslims allegedly involved in the attack. The SC also castigated the Punjab government for not making public the judicial commission’s report on Gojra.
Joseph Francis, a Lahore-based civil society activist and a petitioner in the Badami Bagh case from the victims’ side, told the SC that the land mafia was responsible for the arson. This was confirmed by Badami Bagh SHO, Hafiz Abul Majeed, and local residents who stated that a group of traders had exploited the situation and used Shahid Imran, who had a quarrel with Sawan Masih on March 5, to further their agenda. No eyewitness either saw or heard Sawan Masih proclaiming blasphemous remarks, yet Sawan and his father Chaman Masih were taken into custody. The matter may even have been resolved then, but perhaps cognisant of this, a trader organization the Amman Group, led by Bao Fayyaz, then started chanting slogans against the police, which whipped up the sentiments of other Muslims.

In its report, the joint interrogation team constituted to study the incident says that both the accuser and the accused were drunk before the quarrel. In the absence of witnesses, this should surely have cast serious doubts over the authenticity of any allegations made. But to add insult to injury, the police have so far even failed to locate the complainant, Shahid Imran. Perhaps in a face-saving attempt, the police have, however, arrested his friend Shafiq, alias Chikoo, who torched Sawan Masih’s snooker table and incited others to arson. He told the police that he had not heard Sawan uttering any blasphemous words, but was provoked to carry out arson by Shahid Imran. More than 50 other alleged perpetrators have also been arrested, but there is dim hope that they will be punished. It is generally believed that as in the Gojra case, the extremists will force the victims to sign a ‘reconciliation’ agreement.
To protest the March 9 arson attack, a member of the Punjab Assembly, Pervez Rafique, the Punjab president of the PPP’s minorities’ wing, resigned from his assembly seat. Punjab Chief Minister Shahbaz Sharif meanwhile, distributed 255 ‘compensation’ cheques of Rs 0.5m for each victim of the carnage. Ironically, all of them bounced. If that were not bad enough, Punjab Law Minister Rana Sanaullah indirectly justified the arson, telling participants of an interfaith moot – the Pakistan Solidarity Conference organised by the Pakistan Ulema Council in Lahore – that incidents of violence against minorities are a reaction to the blasphemous acts committed on US or European soil. No one thought to ask how such acts were connected to the mostly poor minorities in Pakistan. Given this backdrop, Pakistan’s Christian community now lives in abject fear.

The Bishop of Lahore, Alexander Johan Malik, in fact, even refused to grant Newsline an interview keeping in view the sensitivity of the matter. With good reason.

Following the arson, the so-called mujahideen were irked when the Punjab government announced compensation for the victims. In an editorial in Jarar, a publication of the Jamat-ud-Dawa, they wrote ‘They were sweepers. They had no valuables. Their loss was petty, but they got compensation of 200,000 rupees each, which was increased to half a million rupees. And these sweepers are still complaining. They even damaged public property during protests in Lahore and Karachi…”

The Badami Bagh incident flies in the face of those who are hell-bent on not only keeping the current blasphemy laws intact, but also on making them harsher: Deobandi sectarian outfits like the Lashkar-e-Jhangvi and Sipah Sahaba are demanding death sentences for those accused of criticising the companions/wives of the Holy Prophet Mohammad (PBUH) – never mind how flimsy those charges. Those making such demands argue that if the blasphemy laws are revoked, the public will take the law into their own hands each time a case of blasphemy surfaces. Clearly, the public does not need a law to do just that, as witnessed in Badami Bagh. All it needs is a whispering campaign by assorted individuals and organisations for their own agendas, from sectarian and religious bigotry and hatred to land-grabbing.

Badami Bagh is not the first (nor almost assuredly will it be the last), incident of violence against Christians and other minorities in Pakistan. Over the years, and in recent years increasingly, hundreds of Muslims, Christians and Ahmadis have been killed (some burnt alive) and thousands of houses torched in the name of the Prophet (PBUH) – the same Prophet who would forgive even his worst enemies and through his goodness inspire them to voluntarily embrace Islam.
[Related Article: 'Doomed by Faith' – Pakistan's first Christian to be convicted under the blasphemy law]



Between 1987 and March 2013, 1170 cases of blasphemy were registered in Pakistan against 527 Muslims, 457 Ahmadis, 158 Christians and 20 Hindus. Forty of those accused of blasphemy were killed extra-judicially by frenzied mobs. Of those, eight were diagnosed as insane and their fate remains unknown. Ninety cases are under trial in the Punjab under the blasphemy laws. In 2011, 76 cases of blasphemy were registered against 15 Christians, 56 Muslims, and 5 Ahmadis. In 2012, 30 cases of blasphemy were registered against 11 Christians, 14 Muslims and 5 Ahmadis. (Source: National Commission for Justice and Peace). No such killing in the name of religion took place in Pakistan when death was not the punishment under the blasphemy law. But civil society’s contention that the blasphemy laws are misused, that in fact their very existence provides people a tool to settle personal score with enemies, are completely ignored. Ironically, the blasphemy law has been used more against Muslims than other minorities. The question is: in this kind of atmosphere would any sane Muslim, let alone a member of any minority community, ever blaspheme – unless they had a death wish, and given the brutal nature of the deaths of alleged blasphemers, were complete masochists?

“The blasphemy laws are highly controversial. The advocates of this law support the death penalty for blasphemers citing Ibne Taymiyyah’s book, Assarim-al-Maslool. Interestingly, the same book says that a non-Muslim cannot be awarded the death punishment under the blasphemy laws because Hadd can’t be enforced against a non-Muslim: he/she must be tried under tazeer. So, the supporters of the blasphemy laws don’t quote Taymiyyah’s full work,” says renowned Islamabad-based jurist, Dr Aslam Khaki.

The outreach of the blasphemy laws is interesting to note in this country. The poor find it next to impossible to register an FIR (First Information Report) with the police, even in the case of murder, without the help of the High Court or the Supreme Court. Blasphemy is the only ‘crime’ whereby an FIR is instantly registered. In this case, the police spring to action regardless of the facts.

Ironically, assorted political parties, which often stage sit-ins or take to the streets for their own vested interests, barely ever raise their voice to condemn the ongoing violence against minorities. Punjab Governor Salman Taseer and Minority Affairs Minister Shahbaz Bhatti were two lone crusaders who raised their voice courageously against the misuse of the blasphemy laws. Both were assassinated, but even their own party – the Pakistan People’s Party – did not hold even a small rally to condemn their murder.

There is another person whose sacrifice for his people deserves a mention. On May 6, 1998, Faisalabad’s Bishop John Joseph shot himself in front of a court in Sahiwal as a protest against the death sentence awarded to Ayub Masih, a Christian, under the blasphemy laws. Sadly, his sacrifice failed to make a dent in the conscience of the policy-makers.

The level of our moral decadence can be gauged from the reaction of our lawyers – supposedly one of the most educated classes of this country – who showered rose petals on Salman Taseer’s assassin. Political parties are equally callous. Frontier Gandhi, Bacha Khan’s Awami National Party (ANP) is an ally of the PPP. In September 2012, senior ANP leader and federal railways minister, Ghulam Ahmed Bilour, announced that USD100,000 would be awarded to the person who killed the maker of the anti-Islam film, Innocence of Muslims. No action was taken against him either by the ANP or the PPP. Bacha Khan would have wept. But other parties are equally culpable in the blasphemy law and religious extremism issues. The PML-N has, by its silence, actually fostered sectarian and extremist outfits in the Punjab. And Oxford-educated politicians like Imran Khan have also expressed support for such laws, using the same argument that is put forward by Islamists.

Says Shakil Chaudhary, a political analyst and writer, “Our politicians don’t know how to handle the issue of blasphemy. Prime Minister Gilani and President Zardari did not have the courage to hold a debate on the misuse of the blasphemy laws when Salman Taseer was killed – although it was the best time to take this initiative. This environment of fear will not end without the government’s initiative.” Chaudhary continues: “Civil society is accused of giving up. It has not given up, but it does not have the support of the government. Maulvis have a nuisance value but you have to beat them at their own game. You can’t beat them by quoting western philosophers. And we will have to do our homework to take them on. For example, the head of the Jamiat Ahle Hadith once said that there is a death sentence in the West for blasphemy. When he was asked to name the western countries that had such a law and to provide the details, he was speechless. Unfortunately, the owners of the TV channel that conducted this interview could not demonstrate the courage to air it.”

The media is also partially responsible for the murder of Salman Taseer. After he had labelled the blasphemy law a “black law,” TV channels persisted in airing interviews of right-wing elements who declared that by labelling the blasphemy laws as “black laws” Taseer had himself committed blasphemy, and therefore deserved the death penalty. Such interviews, in addition to sermons from pulpits in mosques, motivated Mumtaz Qadri to assassinate Taseer. Now, he is glorified in extremist Islamic quarters as a hero of Islam.

Indian analyst Aakar Patel believes that blasphemy laws stem from deep religious conviction, and not any other motivation. “It is often said that property disputes or personal enmity are the reasons for many of these cases, because people can be charged on the basis of hearsay. If this were the case, the law would be misused in India also, which it is not. My view is that it is strong religious sentiment that is the reason why so many Pakistanis are accused of being blasphemers. President Musharraf said he would look into softening the law, but couldn’t. Sherry Rehman tried to introduce a change to the law and failed. Why? I would say that it is not possible for the state to bring about change when there is an unwilling population. Punjab’s Muslims have defied the state on religion before. Emperor Bahadur Shah I (Aurangzeb’s son) was unable to get the Lahore Jama Masjid to recite the khutba because the word ‘wasi’ was added by him to the name of the fourth caliph. The khutba proclaimed him as head of state and was therefore important as a sign of his sovereignty. The emperor had an angry showdown with four sullen clerics in his tent, demanding they comply. In Bahadur Shah’s view, the additional word was not against any specific Sunni practice. The clerics did not back down and, supported by the Afghans in Punjab, threatened civil war. A crowd of 100,000 civilians gathered to fight the state. In the rest of India, the khutba continued to be read in the prescribed form except in Lahore. The emperor had to back down and finally the khutba was read on October 2, 1711, without the word ‘wasi’. There is no chance that the state of Pakistan will be able to abolish/amend the blasphemy law.”

A chilling thought, but probably true. The question is, what Islam is Pakistan following? Today it is a country where minorities do not even have fundamental rights as human beings, where suicide attacks are carried out during funeral prayers, where hoarders increase the prices of foodstuff exorbitantly during the holy month of Ramadan, where Muslims label each other ‘infidels’ and go on killing sprees in the name of jihad. In this citadel of Islam, Eid is celebrated on three different days and Muslims continue to kill Muslims, let alone minorities, and mow down women and children, the aged, the infirm, the rich and poor – and all in the name of Islam.
Murder By Law | News & Politics | Newsline
 
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