ISLAMABAD: A division bench of Islamabad High Court (IHC) comprising Justice Noorul Haq N Qureshi and Justice Shaukat Aziz Siddiqui Tuesday adjourned Mumtaz Qadri’s appeal against conviction till today (Wednesday). The main focus of arguments and counter questioning from the court remained on two points since hearing of this appeal. Qadri’s counsel has been arguing that Salmaan Taseer committed blasphemy and his murder was right as per Islamic teachings while the court was counter questioning how an extrajudicial murder could be justified when blasphemy law is in place in the country. Revolving around this proposition, Justice Siddiqui remarked when blasphemy law was there in the country, how a murder could be justified.Legal counsel for Mumtaz Qadri Justice (R) Mian Nazeer Akhtar argued before the court that the act of Mumtaz Qadri did not come under definition of a crime. An FIR against him for murder charges and under anti terrorism act could not be registered. “My client assassinated the former governor Punjab Salman Taseer believing that Taseer had committed blasphemy to the respect and reverence of the holy prophet (SAW). Keeping in view the same, my client can claim concession and the death sentence awarded to him was not right,” Nazeer Akhtar further said. “Whatever Taseer did, he got his penalty for that and the court should keep in view the fundamental rights of my client,” he opined.Justice Siddiqui in the bench asked the counsel to prove this murder justified in the light of Islamic teachings. Advocate Akhtar then said that if a person became an apostate (murtad) and he didn’t revert before three days, he didn’t remain a follower (Ummati). Blasphemy as per Islamic teachings is a heinous crime and its penalty is murder.Akhtar said that Salman Taseer pronounced blasphemy law as black law and he met with Aasia Bibi who was incarcerated for committing blasphemy. Taseer also wrote a letter to the then president Asif Ali Zardari seeking pardon for Aasia Bibi. The said act of Taseer perturbed general public, Akhtar said. “Former president Zardari neither forbade Taseer from issuing such provocative statementsnor did he remove him from the governor’s office. My client murdered Taseer three months after he issued such statements and believing that Taseer has committed blasphemy. What the government should have done to Taseer, my client did it. Had the incumbent government at that time taken some action; this incident could have been avoided,” he stated. Akhtar produced some court judgements and also quotes from Islamic history books. Justice Siddiqui remarked, “From your arguments, you raised certain questions and the court wants to know their answers in the light of Islamic perspective.”Justice Siddiqui asked Qadri’s counsel to prove murder of Salman Taseer right in the light of Islam. Justice Qureshi in the bench said that a person was believed to be a follower (Ummati) and later he perceived him an apostate (murtad). “You should have at least provided him with three days to revert,” he opined. Mumtaz Qadri’s counsel said that blaspheming the holy prophets was unbearable for Muslims. The bench observed that it was exactly for the same reason that the blasphemy law was formulated and promulgate but how could an extra-judicial murder be justified? Qadri’s counsel than said that some people after coming into power started believing themselves above the law. The court however explained that it was hearing Qadri’s appeal against conviction on merit and without any prejudice.The hearing was then put of till today (Wednesday).Mumtaz Qadri is a former Punjab police security personal who on a duty for the protection of former Governor Punjab Salman Taseer had assassinated him on January 04, 2011 at Kohsar market Islamabad due to the former’s opposition to blasphemy law. Online adds: Mian Nazeer Akhtar, counsel for the petitioner said, “Punishment awarded to my client is extra-judicial. Court is entitled to undo the punishment of my client,” he argued. He told the court Salman Taseer was governor of a large province and he started committing blasphemy in TV programmes calling the blasphemy law as black law. He said, “Only a sentence which is in conformity with Islamic teachings can be awarded to my client.”Justice Shaukat Aziz Siddiqui inquired how he would prove that Salman Taseer committed blasphemy. Justice (R) Mian Nazeer Akhtar said Salman Taseer defended and held meetings with Aasia Bibi in jail who committed blasphemy.He also wrote a letter to the then president for remission of sentence of Aasia Bibi. Former governor insulted the court’s decision. The statement given by him caused unrest in the society. “I say with regret that the then president Asif Ali Zardari took no legal steps against him. It was duty of the then government to prevent governor from committing blasphemy and demand apology from him,” he added. The court inquired if any religious scholar tried to register case against Salman Taseer.The counsel for the petitioner said that once a cleric tried to register a case but the police averted him saying who he was to register the case against the governor. He said had the then government taken any action against Salman Taseer, this incident would not have taken place.“My client took the step as per Islamic teachings and the court will also treat him accordingly,” he remarked. Justice Shaukat Aziz Siddiqui inquired if anyone who became proselyte remained a follower (Ummati).He said three days were given to the person who became proselyte. If he does not seek forgiveness, he does not remain a follower. He told the court that blasphemy was a grave offence and only death penalty was a punishment for blasphemers.The court remarked Mumtaz Qadri’s case would be decided on merit. “We have stopped watching TV and reading newspapers during course of hearing of case so that the impression of one-sided decision didn’t prevail,” it was mentioned.
