ISLAMABAD: The Supreme Court on Wednesday, setting aside the lower courts' orders, acquitted Asia Bibi in a blasphemy case. A three-judge special bench, headed by Chief Justice of Pakistan Mian Saqib Nisar and comprising Justice Asif Saeed Khosa and Justice Mazhar Alam Khan Miankhel, announced the reserved judgment. Protests erupt in major cities as SC acquits Asia Bibi of blasphemy charges The 56-page detailed judgement was authored by Chief Justice Mian Saqib Nisar and included a concurrent opinion by Justice Asif Saeed Khosa. Asia Bibi case: Justice Asif Saeed Khosa's additional note 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). Complete Supreme Court verdict 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 the charge by extending the benefit of doubt to her, the apex court ruled. The order read: "It is a well settled principle of law that 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. There cannot be a fair trial, which is itself the primary purpose of criminal jurisprudence, if the judges have not been able to clearly elucidate the rudimentary concept of standard of proof that prosecution must meet in order to obtain a conviction. Two concepts i.e., “proof beyond reasonable doubt” and “presumption of innocence” are so closely linked together that the same must be presented as one unit. If the presumption of innocence is a golden thread to criminal jurisprudence, then proof beyond reasonable doubt is silver, and these two threads are forever intertwined in the fabric of criminal justice system. As such, the expression "proof beyond reasonable doubt" is of fundamental importance to the criminal justice: it is one of the principles which seeks to ensure that no innocent person is convicted. 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. Further, suspicion howsoever grave or strong can never be a proper substitute for the standard of proof required in a criminal case, i.e. beyond reasonable doubt. In the presence of enmity between the accused and the complainant/witnesses, usually a strict standard of proof is applied for determining the innocence or guilt of the accused. If the PWs are found inimical towards the accused, she deserves acquittal on the principle of the benefit of the doubt. Keeping in mind the evidence produced by the prosecution against the alleged blasphemy committed by the appellant, the prosecution has categorically failed to prove its case beyond reasonable doubt. Reliance in this behalf may be made to the cases reported as Muhammad Ashraf Vs. The State (2016 SCMR 1617), Muhammad Jamshaid Vs. The State (2016 SCMR 1019), Muhammad Asghar alias Nannah Vs. The State (2010 SCMR 1706), Noor Muhammad alias Noora Vs. The State (1992 SCMR 2079) and Ayub Masih Vs. The State (PLD 2002 SC 1048)."<doc-sep>ISLAMABAD: PPP chairman Bilawal Bhutto-Zardari has put his weight behind the Supreme Court of Pakistan after its landmark judgment in Asia Bibi case. Bibi, a Christian mother of five, was acquitted by a three-member apex court bench on Wednesday morning. "The Supreme Court is our national institution. All other institutions, including the National Assembly, should stand with the Supreme Court," he said in a statement. "We cannot run the country from the streets. We can [only] run this country according to the Constitution and law," he said as he became the first top political leader to comment on the sensitive issue. Senator Sherry Rehman and Senator Farhatullah Babar have also welcomed the judgment in Twitter statements. Asia Bibi, a Catholic mother of five, was condemned to death in 2010 on charges of blasphemy. Her appeal against the convicted was rejected by the Lahore High Court in 2014. Shortly after the verdict, TLP supporters took to the streets in many cities to protest the court’s verdict. Jamiat Ulema-i-Islam-Fazl (JUI-F) and Jamaat-i-Islami's (JI) Islamabad chapter also issued a call for protest against the verdict.<doc-sep>The Supreme Court on Wednesday overturned the conviction of Aasia Bibi, a Christian mother facing execution for blasphemy, in a landmark case which has incited deadly violence and reached as far as the Vatican. A three-judge bench headed by Chief Justice Justice Saqib Nisar announced the landmark verdict. “The appeal is allowed. She has been acquitted. The judgement of high court as well as trial court is reversed. Her conviction is set aside,” said Justice Nisar. Bibi appeared to be in state of disbelief after hearing the decision from her lawyer. “I can’t believe what I am hearing, will i go out now? Will they let me out, really?” Bibi told AFP by phone from prison after the ruling. Also read: The case of Aasia Bibi “I just don’t know what to say, I am very happy, I can’t believe it.” Bibi was set to be released immediately according to the court, although there was no word if any security arrangements were being made for her protection. The apex court had reserved its ruling on Asia Bibi’s final appeal against execution on October 8. While reserving the verdict after an hours-long hearing, the top court had restrained both electronic and print media from discussing or commenting on the matter till the final judgement. Asia Bibi was convicted for blasphemy under Section 295-C of the Pakistan Penal Code for allegedly defaming Prophet Muhammad (Peace Be Upon Him). A trial court had convicted her for blasphemy in November 2010 and sentenced her to death. The Lahore High Court (LHC) had upheld her conviction and confirmed her death sentence in October 2014. The Supreme Court had admitted her appeal for hearing in July 2015. As soon as the SC announced its verdict, politicians, journalists and renowned personalities among others took to Twitter to share their thoughts regarding the acquittal. Pakistan Peoples Party (PPP) leader Sherry Rehman termed the verdict as ‘landmark’ and also asked the state to protect all those who stand for the rule of law. Landmark judgement by Supreme Court to acquit #AasiaBibi today.False accusers took half her life away. Now the state must protect all those who stand for the rule of law and justice.We have all been witness to the havoc mobs have wreaked to red lines before.That line must be held — SenatorSherryRehman (@sherryrehman) October 31, 2018 Daily Times Editor Raza Ahmed Rumi lauded the SC bench and urged the government to ensure stern security measures for the judges. Much respect for the honourable judges of Supreme Court who gave this bold decision. It’s not easy. The government (including the military/Rangers) must ensure their security and take all appropriate measures. They have been threatened by some zealots. #AasiaBibi #Pakistan — Raza Ahmad Rumi (@Razarumi) October 31, 2018 Actress Mahira Khan said: ‘May we always be ruled by the law of humanity’ May we always be ruled by the law of humanity. Pakistan Zindabad #AasiaBibi — Mahira Khan (@TheMahiraKhan) October 31, 2018 Journalist Afia Salam said ‘Aasia being innocent means she was falsely accused. False accusation is supposed to be punishable by law’. #AasiaBibi 's acquittal means she was innocent. Her being innocent means she was #falslyAccused. False accusation is supposed to be punishable by law.. which was tabled and taken back! #Justice cannot be complete without it serving as a deterrent. — afia salam (@afiasalam) October 31, 2018 Lawyer Daanika Kamal lauded SC’s verdict. We’re on the right side of history for once #AasiaBibi – very proud of the SC for taking the side of justice, and not falling prey to the likes of Khadim Rizvi types. Now if someone can plis lock him up before he wrecks havoc in the capital — Daanika Kamal (@daanistan) October 31, 2018 Journalist Sana Bucha said the apex court has done its job and now is the time that the state and the media act responsibly. The SCP has done its job. Now it’s time for the state to act responsibly. And the media. #AasiaBibi case is a sensitive issue in a country that runs high on religious sentiment that can be misdirected. Case in point: @salmantaseer Let a mother return home. Safely. — Sana Bucha (@sanabucha) October 31, 2018 ‘I am literally in tears’ says Twitter user @aloovibes i’m so happy i’m literally crying!! to watch a gruesome murderer be worshipped by your people.. to have completely lost hope for years, only for righteousness to prevail..to see a woman you’ve prayed for since you were a child walk free? nothing like it. so thankful. #AasiaBibi — shy fawkes ♈️ (@aloovibes) October 31, 2018 Have something to say about Supreme Court’s acquittal of Aasia Bibi? write in the comments section below<doc-sep>Islamabad -Pakistan´s beleaguered Christian community rejoiced Wednesday at the acquittal of Asia Bibi, who spent years on death row for blasphemy, saying their prayers had been answered after years of begging for justice. Christians make up around two percent of the country´s 210 million population and have long been discriminated against in Muslim majority Pakistan, often living in downtrodden slums and forced to work menial jobs. Wednesday´s acquittal of the illiterate mother represented a rare victory for the community -- with Christians in Pakistan´s capital Islamabad hailing the Supreme Court´s decision. "Justice has been done," said Reverend Javed Masih, who heads a Presbyterian church in a Christian slum in the capital. "We are happy that the law is still ruling in this country and that´s why Asia Bibi has been set free," added another Christian resident Shafaqat Masih. A few hours after the announcement of the verdict, life continued as usual in one of Islamabad´s impoverished "Christian colonies" -- sandwiched in between the capital´s wealthiest neighbourhoods where many of the residents work as cleaners and cooks. "We are extremely happy that God has responded to our prayers. The church of Pakistan was praying for years for the release of our sister," Reverend Masih added, saying a special worship service was being held this evening to celebrate Bibi´s imminent release. - Eight years on death row - The allegations against Bibi date back to 2009, when she was working in a field and was asked to fetch water. A row later erupted after two fellow Muslim labourers refused to share the water with Bibi, citing religious differences. The argument escalated as insults were traded with the women later accusing Bibi of committing blasphemy during the exchange. Bibi was later convicted and sentenced to death in 2010. "She was innocent and she was being discriminated [against]," said the pastor. Christians like Bibi are frequently targeted by accusations of blasphemy -- a dangerous charge where even a mere whiff on an allegation has sparked lynchings. Critics of Pakistan´s controversial blasphemy laws have long claimed that the legislation has been used to settle personal vendettas and target religious minorities. Bibi was set for immediate release following the ruling, however, authorities had yet to confirm if any security arrangements were being prepared for her protection or if she was planning to leave Pakistan. Pakistani human rights activist Tahira Abdullah called for "state protection" of the acquitted along with her family and attorney. As thousands of protesters took to the streets in major cities across the country to demonstrate against the ruling Pastor Masih acknowledged unrest could be triggered by the court´s decision. But he said his community would "pray for peace in this country". Shahbaz Ashiq, another resident in the neighborhood, said he was "very proud of our Supreme Court and the decision". "If she had not been acquitted, then we would have thought that there is no justice in this country," added Shafaqat Masih. "Thank God that the court has acquitted her."<doc-sep>
ISLAMABAD: The Supreme Court on Wednesday acquitted Asia Bibi, a Christian woman sentenced to death over blasphemy allegations. Asia Bibi was cleared of all blasphemy charges and the apex court ordered her immediate release. A three-judge special bench headed by Chief Justice of Pakistan Justice Mian Saqib Nisar and comprising Justice Asif Saeed Khosa and Justice Mazhar Alam Khan Miankhel heard Bibi's 2014 appeal against her conviction and death sentence under section 295-C of the Pakistan Penal Code (PPC). An undated picture of Asia Bibi in prison on death row The 56-page detailed judgement was authored by Chief Justice Mian Saqib Nisar and included a concurrent opinion by Justice Asif Saeed Khosa. The chief justice wrote 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 top judge added that the expression "proof beyond reasonable doubt" was of fundamental importance to the criminal justice and was one of the principles which sought to ensure that no innocent person was convicted. CJP Nisar added, "Keeping in mind the evidence produced by the prosecution against the alleged blasphemy committed by the appellant, the prosecution has categorically failed to prove its case beyond reasonable doubt. The judgments of the High Court as well as the Trial Court are reversed. Consequently, the conviction as also the sentence of death awarded to the appellant is set aside and she is acquitted of the charge. She be released from jail forthwith, if not required in any other criminal case." The CJP ended the judgement on a Hadith of the Holy Prophet Muhammad (Peace Be Upon Him) on the rights of minorities. Further, Justice Khosa "because of some important legal and factual issues involved in the case" decided to record his separate concurring opinion which stated that the prosecution had failed to prove its case against Asia Bibi beyond a reasonable doubt. “This 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 the charge by extending the benefit of doubt to her," he stated. Justice Khosa’s opinion added, "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," Justice Khosa's opinion read. On October 8, the top court had reserved its judgment on the appeal of the Christian mother of four, who in 2010 became the first woman to be sentenced to death under Pakistan's blasphemy law. Allegations against Bibi The allegations against Bibi date back to June 2009, when she was labouring in a field and a row broke out with some Muslim women who alleged that she committed blasphemy against Prophet Muhammad (Peace Be Upon Him). Bibi was convicted of blasphemy and sentenced to death in 2010, despite her advocates maintaining her innocence and insisting the accusers held grudges against her. Last hearing During the last hearing on October 8, Bibi's lawyer Saiful Mulook had told the bench that the incident took place on June 14, 2009 and its case was registered on June 19. A case was filed against Bibi by an Imam in Katanwala village who alleged that Bibi had confessed to committing blasphemy, the lawyer said. To this, Justice Nisar had asked Bibi’s lawyer, "Are these things on record?" However, Mulook had told the bench that the Imam (prayer leader) himself was not a witness to the incident. “There are also contradictions regarding how the notice of the incident was taken and the complainant has said the decision to register an FIR against Bibi was taken amid a group of people,” he had upheld. Further, Mulook had said, “Permission was not taken from the district coordination officer (DCO) or the district police officer (DPO) to register the FIR."