Pakistan's top court has upheld its decision to acquit Asia Bibi of blasphemy charges, but the grave injustice that kept the Christian woman in prison for almost a decade demands introspection, says DW's Shamil Shams.
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The Supreme Court's decision on Tuesday to dismiss an appeal against Asia Bibi's acquittal is commendable. The top court judges have shown immense courage in their decision to uphold their October 31, 2018, verdict that freed the impoverished Christian woman from a decade-long incarceration.
It was not an easy decision, let's be fair. We are aware of the sensitivity surrounding the blasphemy issue in Pakistan. Two top politicians in Pakistan had been murdered in broad daylight for speaking in Bibi's favor. There are many examples of violent mobs lynching alleged blasphemers. Lawyers and judges supporting blasphemy victims are openly threatened by extremists. Then there are religious groups that use blasphemy laws to gain more political clout. Therefore, the credit for Bibi's "freedom" definitely goes to the judiciary.
DW's Shamil Shams
We must also not forget that the nature of the blasphemy case against Bibi was not just legal; it involved a number of political issues, mainly the executive's incapacity to rein in Islamists and deviate from the state's ultra-Islamic narrative. Pakistani lawmakers have shied away from tackling the controversial blasphemy laws that have resulted in brutal murders and countless imprisonments in the past two decades. Politicians have always tried not to confront Islamists, who have immense street power to paralyze the country, as we have seen in the past.
Prime Minister Imran Khan's six-month-old government will be maligned by the religious right for the court's decision, but the cricket star-turned-politician has shown a great deal of commitment in upholding the rule of law. It surely clears some stains from his government's November 2018 deal with Islamists that allowed the review petition against Bibi's acquittal.
Just delayed is justice denied
But the decision should not conceal the sordid fact that Bibi, a mother of five, lost her 10 prime years behind bars. It shows that Pakistan's legal system must be reformed, and that blasphemy laws should be debated in parliament without any fear of Islamists.
The landmark decision has definitely paved the way for Bibi's exit from Pakistan, a country where religious hardliners bay for her blood. But we must not turn a blind eye to the fact that the court freed Bibi by using the same blasphemy laws that put her in jail in the first place. The Supreme Court acquitted Bibi — and then rejected the appeal against her acquittal — on the basis of a lack of witnesses. In a country like Pakistan, false accusations and witnesses are not hard to come by.
Pakistan, thus, must make sure that no person should simply be arrested on the basis of accusations and claims. Therefore, while we must respect that most Pakistanis are sensitive about blasphemy, legal loopholes must be removed to ensure that an innocent person doesn't have to suffer the way Bibi did.
Many Western countries have offered Bibi asylum, hence it is highly likely that she will leave the country very soon. Her daughters are reportedly in Canada, and that's the place where Bibi could end up. She could possibly take refuge in Europe, where she has many supporters.
It is time for Bibi to start a new life. Both Christian and Islamic traditions greatly value forgiveness, and it would not be surprising that Bibi would forgive her tormentors — both people and the state. But Pakistan definitely owes an apology to Bibi. And the best way to do so would be to make sure that no other person falls victim to the blasphemy laws ever again.
Asia Bibi case highlights Pakistan's harsh blasphemy laws
Asia Bibi, a Pakistani-Christian woman, was sentenced to death by a Pakistani court on blasphemy charges in 2010. Who is Bibi, and why has her case attracted international attention?
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Leaving 'for Canada'
A decade after being accused of blasphemy, Asia Bibi left Pakistan with her husband Ashiq Masih for Canada. A family member told DW that Bibi's two daughters were waiting for her in Calgary. Her departure was delayed six months, reportedly due to extreme pressure from the deep state not to speak out against the state when she leaves the country.
Image: Getty Images/AFP/A. Ali
A dispute over water
In 2009, Asia Bibi was accused of insulting the Prophet Muhammad while she was working in a field in Punjab's Sheikhupura district. The Muslim women who were working with Bibi objected to her fetching water, saying that as a non-Muslim she was not allowed to touch the water bowl. The women then complained to a local cleric and leveled blasphemy charges against Bibi.
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A sensitive matter
According to local media, the argument in the field led to a mob attack on Bibi's house. Later, police took Bibi into custody and launched an investigation into the blasphemy accusations. Blasphemy is a sensitive issue in Pakistan, where 97 percent of the population is Muslim.
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Controversial law
The blasphemy law was introduced by General Zia-ul-Haq, a military dictator, in the 1980s. Activists say they are often implemented in cases that have little to do with blasphemy and are used to settle petty disputes and personal vendettas. Christians, Hindus and Ahmadis — a minority Islamic sect — are often victimized as a result.
Image: Noman Michael
The Pakistani state vs. Bibi
In 2010, a lower court convicted Bibi of blasphemy. Although the defense lawyer argued that the blasphemy allegations were made to settle personal scores, the court sentenced Bibi to death by hanging. Bibi's family has been living under constant fear since 2010. Her husband, Ashiq Masih (R), says he has been fighting a battle for his wife's freedom ever since.
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Assassination of critics
In 2010, Salman Taseer (R), the then governor of Punjab province, backed Bibi and demanded amendments in the blasphemy laws. Taseer's anti-blasphemy law position angered extremists. In 2011, Taseer was gunned down by his own bodyguard in Islamabad. The same year, Shahbaz Bhatti, the then minister for minorities and a prominent blasphemy law critic, was also assassinated by unidentified gunmen.
Image: AP
Celebration of killings
After Taseer's murder, Qadri became a hero for Pakistani Islamists. Qadri was showered with rose petals by right-wing groups as he was taken to jail by the authorities. Qadri was sent to the gallows in 2016. Thousands of people – mostly supporters of Islamic groups – attended Qadri's funeral. Local media reported that Qadri's supporters built a shrine after his death to honor him.
Image: AP
Fear in the judicial community
After the killings of blasphemy law critics, many lawyers refused to take up Bibi's case in the higher courts. In 2014, the Lahore High Court upheld her death sentence. Pakistan's top court, the Supreme Court, was scheduled to hear Bibi's appeal against the conviction in 2016, but one judge refused to be a part of the judicial bench, citing personal reasons.
Image: Reuters/F. Mahmood
Victims of blasphemy law
According to the American Centre for Law and Justice, at least 40 Pakistanis were sentenced to death on blasphemy charges in 2016. The law is often used to target religious minorities and secular Muslims. Although there hasn't been any legal execution under the blasphemy law, there have been instances where angry mobs have lynched alleged blasphemers.
Image: APMA
Persecution of religious minorities
Pakistan's Christians and other religious minorities complain of legal and social discrimination in their country. In the past few years, many Christians and Hindus have been brutally murdered over unproven blasphemy allegations.
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Threats from Islamists
Religious extremists in Pakistan, particularly the Tehreek-e-Labaik Pakistan (TLP) group, have warned the authorities against reversing Bibi's blasphemy verdict. The country's Christian minority fears that if the judges decide to reverse the death sentence, they could face a violent backlash from the country's hardline Islamic groups.
Image: picture-alliance/AP Photo/B. K. Bangash
International support for Bibi
Rights groups and Western governments demand a fair trial in Bibi's case. In 2015, Bibi's daughter met with Pope Francis, who offered prayers for her mother at the Vatican. In 2014, Amnesty International dubbed the Lahore High Court's verdict against Bibi a "grave injustice." The American Centre for Law and Justice also condemned Bibi's sentence and urged Islamabad to protect religious minorities.
