SC To Hear Review Petition Against Aasia Bibi Verdict On Jan 29

A three-member Supreme Court bench will hold a hearing on the review petition on January 29. 

Lahore (UrduPoint / Pakistan Point News – 23rd January, 2019) The Supreme Court will hear the review petition against Aasia Bibi verdict.

A three-member Supreme Court bench headed by Chief Justice Asif Saeed Khosa and comprising Justice Qazi Faez Isa and Justice Mazhar Alam Khan Miankhel will hold a hearing on the review petition on January 29.

A petition was filed in the Supreme Court Lahore Registry seeking review of Aasia Bibi case verdict on Nov 1, 2018.

The petition was filed by Qari Muhammad Salam, complainant of the Aasia Bibi case, through Muhammad Azhar Siddique and Ghulam Mustafa Chaudhry advocates.

The petitioner had pleaded with the court to review its verdict and put the name of Aasia Bibi on exit control list till the final decision of the petition.

The petitioner had questioned that whether the Aasia Bibi verdict had met the standards of jurisprudence set out in this regard, in view of the history and Islamic provisions as well as normal principle of justice with reference to application in blasphemy laws.

He further submitted that the court should consider inclusion of members of the Appellate Shariat Court in the bench as the matter required detailed consideration due to peculiar circumstances of the case as well as application of Section 295-C PPC in its letter and spirit.

He submitted that Aasia Bibi confessed to her crime during investigation, and that a delay in lodging the First Information Report (FIR) does not imply that the defendant is not guilty of the crime.

The apex court had on Oct 31, 2018 acquitted Aasia, a Christian woman condemned to death onblasphemy charges, accepting her appeal against sentence.

A three-judge special bench, headed by former Chief Justice of Pakistan Mian Saqib Nisar and comprising Justice Asif Saeed Khosa and Justice Mazhar Alam Khan Miankhel, announced the reserved judgment.

The 56-page detailed judgement was authored by former Chief Justice Mian Saqib Nisar and included a concurrent opinion by Justice Asif Saeed Khosa.

Asia Bibi had filed appeal in 2014 challenging her death sentence awarded by trial court as well as by high court under Section 295-C of the Pakistan Penal Code (PPC).

The chief justice penned that it was a "well settled principal of law that the one who makes an assertion has to prove it. Thus, the onus rests on the prosecution to prove guilt of the accused beyond reasonable doubt throughout the trial. "Presumption of innocence remains throughout the case until such time the prosecution on the evidence satisfies the Court beyond reasonable doubt that the accused is guilty of the offence alleged against him", the CJ added.

Where there is any doubt in the prosecution story, benefit should be given to the accused, which is quite consistent with the safe administration of criminal justice" the judgment said.

In Justice Khosa's opinion: "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." He added "for what has been discussed in the case, a conclusion is inescapable and irresistible that the prosecution had failed to prove its case against the appellant beyond reasonable doubt".

The appeal is, therefore, allowed, the conviction and sentence of the appellant recorded and upheld by the courts below, are set aside and she is acquitted of thecharge by extending the benefit of doubt to her, the apex court ruled.