ICC Note:

Last week, a High Court Judge in Lahore refused to hear the appeal of Sajjad Masih, a Christian convicted of blasphemy in 2013. According to Masih’s lawyer, the court is required to hear an appeal in two years or else the charges are considered null and void. Masih has been waiting to have his appeal heard for over three years. Christians accused of blasphemy often find it extremely difficult to receive a fair trial. Pressure from extremists outside the court often influence decisions and threats against judges are not uncommon. Will Masih ever receive a fair trial?  

12/16/2016 Pakistan (Christians in Pakistan) – Lahore High Court refused to hear the bail petition case of a Christian accused of committing blasphemy. The case hearing which was scheduled on December 9, Friday left the defense counsel of Sajjad Masih the respondent and his family in shock when the judge remarked, “I refuse to hear blasphemy case because today this came to my knowledge that this is blasphemy case and this will be heard by other bench.”

Advocate Javed Sahotra the defense counsel of blasphemy convict Sajjad Masih had filed an appeal against the conviction in the Lahore High Court. On scheduled time, the court initiated the proceedings; during the case hearing Advocate Javed Sahotra told the honorable Judge Justice Aliya Neelum that in line with Section 426 two years are prescribed for hearing the appeal case against conviction of any crime. If the appeal case is not heard within two years then the conviction is considered null and void.

“In our case three years and three months have passed but the appeal was not heard,” Advocate Javed told the honorable judge. He continued that there is no substantial evidence against the Sajjad Masih, the complainant had himself stated that he had not seen Sajjad Masih committing blasphemy. Advocate Javed further argued that there is no eye witness of the alleged blasphemy committed by Sajjad.

The complainant Tariq Saleem had stated that he had not witnessed Sajjad Masih committing blasphemy, nor has anybody else seen him committing the crime. Sajjad Masih landed into trouble when he was embroiled in a blasphemy case on December 28, back in 2011. Consequently, an FIR number 820/12 including harrowing 295 C PPC, was registered against Sajjad Masih in the city of Gojra District Toba Tek Singh.

Subsequently, on July 13 July 2013, a Judge handed down a life time imprisonment sentence to Sajjad Masih, convicting him of committing blasphemy. Additionally the court fined him of two lac Pakistani Rupees fine. In the face of brewing pressure from the religious extremists, the defense counsel was clear that the judge had convicted Sajjad Masih out of the pressure from the fanatics and that the prosecution had utterly failed to prove the charges leveled against Sajjad Masih.

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