The ACE News is reproducing here the additional note penned down by honourable Justice Asif Saeed Khosa, while agreeing with reasoning given by the Honourable Chief justice Mian Saqib Nisar. Justice Asif Saeed Khosa is the senior most judge of the Supreme Court and will become Chief Justice after the retirement of sitting CJ Saqib Nisar.
Justice Asif Saeed Khosa was the judge who wrote the judgment in Salman Taseer murder case in which Apex Court upheld the death penalty of Mumtaz Qadri. Justice Khosa was also part of the bench that disqualifies the then prime minister Nawaz Sharif in Panama case.
We are reproducing this additional note for the interest of our readers. Here is the note.
“O you who have believed, be persistently standing firm for Allah, witnesses in justice, and do not let the hatred of a people prevent you from being just. Be just, that is nearer to righteousness. And fear Allah; indeed, Allah is acquainted with what you do.” (Surah Al-Ma’idah: verse 8).”
“So follow not [personal] inclination, lest you not be just. And if you distort [your testimony] or refuse [to give it], then indeed Allah is ever, with what you do, acquainted.” (Surah An-Nisa: verse 135)
“And do not insult those they invoke other than Allah, lest they insult Allah in enmity without knowledge. Thus We have made pleasing to every community their deeds. Then to their Lord is their return, and He will inform them about what they used to do.”(Surah Al-An’am: verse 108).
The Muslim co-workers of the appellant had violated the command of Almighty Allah by insulting the Deity believed in and the religion followed by the appellant and, even if the prosecution’s allegations against the appellant were to be accepted as correct, the stated reaction to the same by the appellant was not different from that warned about by Almighty Allah.
“This is a message from Muhammad Ibn Abdullah, as a covenant to those who adopt Christianity, near and far, we are with them.Verily I, the servants, the helpers, and my followers defend them, because Christians are my citizens; and by God! I hold out against anything that displeases them. No compulsion is to be on them. Neither are their judges to be removed from their jobs nor their monks from their monasteries. No one is to destroy a house of their religion, to damage it, or to carry anything from it to the Muslims’ houses. Should anyone take any of these, he would spoil God’s covenant and disobey His Prophet. Verily, they are my allies and have my secure charter against all that they hate. No one is to force them to travel or to oblige them to fight. The Muslims are to fight for them. If a female Christian is married to a Muslim, it is not to take place without her approval. She is not to be prevented from visiting her church to pray. Their churches are to be respected. They are neither to be prevented from repairing them nor the sacredness of their covenants. No one of the nation (Muslims) is to disobey the covenant till the Last Day (end of the world).”
The promise made was eternal and universal and was not limited to St. Catherine alone. The rights conferred by the charter are inalienable and the Holy Prophet Muhammad (Peace Be Upon Him) had declared that Christians, all of them, were his allies and he equated ill treatment of Christians with violating God’s covenant. It is noticeable that the charter imposed no conditions on Christians for enjoying its privileges and it was enough that they were Christians. They were not required to alter their beliefs, they did not have to make any payments and they did not have any obligations. The charter was of rights without any duties and it clearly protected the right to property, freedom of religion, freedom of work, and security of person.
“O! ye who believe! Stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor, for Allah can best protect both. Follow not the lusts (of your hearts), lest ye swerve, and if ye distort (justice) or decline to do justice, verily Allah is well-acquainted with all that ye do.”(Surah Al-Nisa: verse 135).
Even if there was some grain of truth in the allegations levelled in this case against the appellant still the glaring contradictions in the evidence of the prosecution highlighted above clearly show that the truth in this case had been mixed with a lot which was untrue. Even in this regard the Muslim witnesses belonging to the complainant party had ignored what had been ordained by Almighty Allah in the following verse of the Holy Qur’an:
“And do not mix the truth with falsehood or conceal the truth while you know [it].” (Surah Al-Baqarah: verse 42).
Blasphemy is a serious offence but the insult of the appellant’s religion and religious sensibilities by the complainant party and then mixing truth with falsehood in the name of the Holy Prophet Muhammad (Peace Be Upon Him) was also not short of being blasphemous. It is ironical that in the Arabic language the appellant’s name Asia means ‘sinful’ but in the circumstances of the present case she appears to be a person, in the words of Shakespeare’s King Leare, “more sinned against than sinning”.
(Asif Saeed Khan Khosa)
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18 August, 2019