Blasphemy cases should be investigated by SP or a more senior official

Senate Functional Committee on Human Rights
agrees to bringing procedural amendment to blasphemy law

Islamabad

Members of Senate Functional Committee on Human Rights on Thursday agreed to the need of bringing procedural amendment in Blasphemy Law to ensure that a senior police officer, not below the rank of Superintendent of Police, investigates all blasphemy related offences.

The amendment was suggested by Chairperson National Commission on Human Rights (NCHR) Ali Nawaz Chohan with a view to decreasing prosecutions based on false and malicious complaints. 

In its proposed amendments, the commission urged strict implementation of 156 A of CrPC which already provides that for complaints registered under section 295-C, no officer below the rank of Superintendent of Police shall investigate the complaint and proposed extending 156 A of CrPC to all blasphemy related offences.  The proposed amendments also recommend that the cases of blasphemy be tried under District and Session judges instead of Additional District and Session Judges.

The commission also recommended making all blasphemy related offences bailable and ensuring that bail will only be denied if there is a substantial risk of flight, harm to others or interference with investigation that cannot be allayed by other means.

The committee, which met here under the chairpersonship of Senator Nasreen Jalil, agreed to the need of bringing the said change but said that any change in the law will be brought after extensive consultations. “Blasphemy Law is a sensitive matter and any change shall be recommended after consultation from all sections of the society especially religious leaders,” said Leader of House in Senate, Senator Raja Zafar Ul Haq who was the special invitee at the meeting.

Instead of high ranking officer, Senator Dr. Jehanzeb Jamaldini suggested forming a Joint Investigation Team (JIT) of high rank officials to investigate such case as, he said, as inclination of an individual can have influence on the case investigation. Senator Mufti Adul Sattar objected to proposing any change in the law. He was of the opinion that the law was made as per the constitution and had the consensus of all stakeholders.

“Any change in the law without taking religious scholars into confidence, could lead to unrest and instability rather than serving the purpose of bringing peace in the society,” said Senator Mufti Adul Sattar.

The committee also decided to write a letter to Pakistan Telecommunication Authority (PTA), Cyber Crime Cell of Federal Investigation Agency (FIA) and Pakistan Electronic Media Regulatory Authority (PEMRA) to take action against media houses that are associating five reportedly missing social media activists with blasphemy.

The committee also asked the Regional Police Officer (RPO) Rawalpindi, to give complete briefing on steps taken by the department for recovery of these persons, the security agencies contacted and the response they have received from them.

Earlier, declaring torture incident of minor domestic servant Tayyaba case a subjudice matter which is already under trail in apex court, the Committee recommended not to be discussed the issue at any forum.

About mob attack on Ahmedi worship place Bait-uz-Ziker in Chakwal, the Committee directed the RPO to handover the worship place back to the Ahmedi community, which was sealed after the unfortunate incident, according to the court procedures. The Committee members also criticized administration for not taking enough preventive measures and letting the main culprit to escape the country.

In response, the RPO informed that police arrested 66 Muslims and 30 Ahmedis for involvement in violence that took place on 12 Rabi ul Awal in a Chakwal village. He said that the law enforcers are in contact with the Canadian authorities to bring Rasheed, main culprit of inciting violence on that day, back to Pakistan for trail.

The committee was attended by Senators Sitara Ayaz, Dr. Jehanzeb Jamaldini, Muhammad Mohsin Khan Leghari, Sehar Kamran, Farhat Ullah Baber and Samina Abid while Leader of House in Senate Raja Zafar Ul Haq was special invitee in the committee.