The Pakistani court that upheld Asia Bibi’s death sentence last month has now called on the government to enact legislation that will make it more difficult to make blasphemy convictions.
The appeals judges at the Lahore High Court are asking for a law that requires courts to apply a test to accusers, to ensure that they meet “strict standards of Islamic piety”, World Watch Monitor (WWM) reports.
A 1992 decision by the Pakistan Supreme Court ruled that courts must make an “elaborate enquiry into the piety, uprightness and integrity of the witness from the men of the same virtues” in blasphemy cases. It is a legal principle known as tazkiya al shuhood.
However, Bibi’s accusers were not held to this standard during her original trial in 2010, and her lawyer – Naeem Shakir – therefore insists that her conviction is invalid.
Muhammad Anwaarul Haq and Syed Shahbaz Ali Rizvi, the judges who upheld her death sentence, now say they had no choice on the matter. They claim a weak defence, with no cross-examining of witnesses, left the prosecution to win “by default”.
They also said there are no guidelines in place to help justices carry out tazkiyah al shuhood. Bibi’s case may have had a different outcome if those guideline were available, they suggested.
“The bench has referred the case to the executive for consideration after identifying a legal glitch,” Abid Saqi, former President of Lahore High Court Bar Association, said…Read More
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