SC sets aside death sentence to blasphemy accused

ISLAMABAD: The SC on Wednesday annulled the death sentence of a blasphemy accused and released him for lack of evidence.

The court held that blasphemy accused could be awarded punishment not less than death sentence once the allegation proved. A three- member bench of the apex court headed by Justice Sajjad Ali Shah while hearing the case through video link from Lahore Registry, set aside the death sentence awarded by trial court and high court to one Wajehul Hassan, accused of blasphemy and released him on lack of evidence.

Justice Sajjad Ali Shah recalled that the apex court in Aasia Bibi case had held that the punishment for blasphemy allegation is death sentence but the allegations have to be proved. During the hearing, the court held that it was not proved that the accused had written blasphemous letters adding that the experts while examining the contents did not come up with the final findings as to whether the blasphemous letters were drafted by the accused or not and expressed doubt.

Counsel for the accused while arguing before the court contended that no solid evidence were available on record as to who had written those letters. He further contended that those letters were incorporated with his client’s adding that after making the confessional statements before the police as its base, his client was awarded death sentence despite the fact that his client did not accept before the magistrate the allegations levelled against him.

The prosecution however told the court that one Ismael Qureshi advocate had filed a petition before the Federal Shariat Court wherein it was contended that the punishment for blasphemy should be death sentence instead of life imprisonment. He said that after accepting the petition, the Federal Shariat Court fixed death sentence for blasphemy.

The court was informed that after this instant case, Ismael Qurashi started receiving letters, containing blasphemous words. The court was further informed that the letters received in 1998 were dispatched from Hassan Murshid Maseh. It was informed that Ismael Qurashi burnt some of the letters in rage but when the process of receiving letters continued, Ismael Qurashi approached the Iqbal Town Police Station for filing an FIR but on failure, he approached the learned high court, which issued direction for registering the FIR which was filed. Later on, the accused was identified as Wajeul Hassan and declared as proclaimed offender.

The court was further informed that the accused had disclosed to his company manager namely Muhammad Waseem to have written letters to Ismael Qurashi while he also confessed to his crime before Muhammad Waseem and Muhammad Naveed and requested the manager to help him in this regard.

Justice Sajjad Ali Shah observed that letters were written in the name of Hassan Murshid Maseh then how it was ascertained that it was Wajehul Hassan. The court was however informed that Murshid Maseh was just a pseudo name and later on the accused Wajehul Hassan also confessed to his crime as well.

Justice Yahya Afridi, another member of the bench however observed that the accused had given a statement that he did not know about those letters and he is a Muslim. The court was, however, informed that the accused first adopted Christianity and later became Qadiani. At this, justice Sajjad Ali Shah said that the accused not only said that he is a Muslim but said that he also have faith in Holy Prophet (Peace Be Upon Him). The judge said that in Aasia Bibi case it was held that the punishment for blasphemy is death sentence. “You only have to prove this that the accused had written those blasphemous letters,” Justice Sajjad Ali Shah asked the public prosecutor.

The public prosecutor, however, contended that the accused was asked to write in front of magistrate and the handwriting experts filed the report stating that the handwriting of the accused matched with the blasphemous letter. Justice Sajjad Ali Shah, however, observed that handwriting expert had stated that it was likely that the handwriting matched with the letter but he did not give his final findings. Meanwhile, the court after hearing to the parties, accepted the appeal of the accused and set aside the death sentence awarded by the trial court and high court to the accused.