Global InformationAsia Bibi blasphemy case information
| Asia Bibi v. The State | |
|---|---|
 | |
| Court | Supreme Court of Pakistan |
| Full case name | Mst. Asia Bibi v. The State etc. |
| Decided | 31 October 2018 |
| Transcript(s) | Judgement |
| Case history | |
| Appealed from | Court of Session at Sheikhapura |
| Appealed to | Lahore High Court (rejected 16 October 2014) |
| Subsequent action(s) | Supreme Court of Pakistan Judgement of lower courts reversed |
| Court membership | |
| Judges sitting |
|
| Case opinions | |
| Decision by | Nisar |
| Concurrence | Khosa |
| Keywords | |
| |
In 2010, a Pakistani Christian woman, Aasiya Noreen (Urdu: آسیہ نورین, romanized: Āsiyāh Naurīn, [ˈɑːsiɑː nɔːˈriːn]; born c. 1971[1]), commonly known as Asia Bibi (آسیہ بی بی) or Aasia Bibi, was convicted of blasphemy by a Pakistani court and was sentenced to death by hanging.[2] In October 2018, the Supreme Court of Pakistan acquitted her based on insufficient evidence,[3] though she was not allowed to leave Pakistan until the verdict was reviewed.[4][5][6] She was held under armed guard and was not able to leave the country until 7 May 2019; she arrived in Canada the next day.[7]
In June 2009, Noreen was accused of blasphemy after an argument with co-workers while harvesting berries.[8][9] She was subsequently arrested and imprisoned. In November 2010, a Sheikhupura judge sentenced her to death by hanging. The verdict was upheld by Lahore High Court and received worldwide attention. Various petitions for her release were created by organisations aiding persecuted Christians such as Voice of the Martyrs,[10][11] including one that received 400,000 signatures; Pope Benedict XVI and Pope Francis called for the charges to be dismissed.[12] She received less sympathy in comparison in the country, where some adamantly called for her to be executed. Minorities Minister Shahbaz Bhatti and Punjab Governor Salmaan Taseer were both assassinated for advocating on her behalf and opposing the blasphemy laws.[13][14] Noreen's family went into hiding after receiving death threats by Islamic fundamentalists, some of which threatened to kill Noreen if released from prison.[15] Muslim cleric Maulana Yousaf Qureshi announced a bounty of 500,000 Pakistani rupees to anyone who would kill her.[16]
On 31 October 2018, the Supreme Court of Pakistan acquitted Noreen,[3] citing "material contradictions and inconsistent statements of the witnesses" which "cast a shadow of doubt on the prosecution's version of facts."[17] The decision sparked protests headed by Islamist parties in major cities of the country,[18][19][20] but was praised by human rights groups and those advocating on behalf of Christian minorities, such as International Christian Concern, Open Doors and Aid to the Church in Need.[20][21] On 2 November 2018, however, the Government of Pakistan signed an agreement with the Tehreek-e-Labbaik political party (TLP), which was leading the protests; this agreement barred Noreen from leaving the country.[5][22][23][24][25] It led to accusations that the executive was capitulating to extremists.[22][26][27] Italy, Canada, as well as other Western countries worked to help her leave Pakistan. On 7 November 2018, she was released from the New Jail for Women in Multan. However, by Christmas, she was reported to have spent Christmas Day in some form of custody.[28][29]
On 29 January 2019, a petition requesting an appeal against the court's decision to acquit Noreen was rejected, "lifting the last legal hurdle in the case and paving the way for her to leave the country."[6][30] On 11 April 2019, Prime Minister Imran Khan (who had previously attacked hardliners appealing them to be calm)[31] stated that a "complication" had delayed her departure from the country.[32] On 8 May 2019, she landed in Canada and was reported to be doing well.[33] The blasphemy law in Pakistan has resulted in the extrajudicial killings, incited by accusations, of over 60 people, has been blamed for dozens of communal attacks that have taken place against religious minorities on the pretext of blasphemy;[17][34][35] it has been used by individuals as a tool for revenge against other people.[36][37] Noreen was the first woman in Pakistan to be sentenced to death for blasphemy and would have been the first person in Pakistan to be executed for blasphemy under the current law.[38][39]
- ^ Kazim, Hasnain (19 November 2010). "Eine Ziege, ein Streit und ein Todesurteil" [A goat, a fight and a death sentence]. Der Spiegel (in German). Archived from the original on 21 November 2010. Retrieved 19 November 2010.
- ^ "Fear for Pakistan's death row Christian woman". BBC News. 5 December 2010. Archived from the original on 6 December 2010. Retrieved 5 December 2010.
- ^ a b "Asia Bibi: Pakistan acquits Christian woman on death row". BBC. 31 October 2018. Archived from the original on 8 May 2019. Retrieved 31 October 2018.
Chief Justice Saqib Nisar read out the ruling saying she was free to go, if not wanted in connection with any other case.
- ^ Cite error: The named reference
Karim2018was invoked but never defined (see the help page). - ^ a b "Christian woman cleared of blasphemy barred from leaving Pakistan". The Telegraph. 2 November 2018. Archived from the original on 30 April 2019. Retrieved 2 November 2018.
- ^ a b "Asia Bibi Could Leave Pak After Court Upholds Acquittal In Blasphemy Case". NDTV. 29 January 2019. Archived from the original on 30 April 2019. Retrieved 29 January 2019.
- ^ "Asia Bibi, Pakistani Christian woman cleared of blasphemy charges, arrives in Canada". Globe and Mail. 8 May 2019. Archived from the original on 8 May 2019. Retrieved 8 May 2019.
Ms. Bibi was being held in an undisclosed location in Pakistan with armed security protecting her since her release from prison last October. Mr. Malook said he didn't know why it had taken so long for her to be able to leave the country.
- ^ Shackle, Samira (18 October 2018). "The Lahore court's decision to uphold Asia Bibi's death penalty is far from just". The Guardian. Archived from the original on 4 November 2018. Retrieved 1 November 2018.
Bibi's alleged blasphemous comments were supposedly made after co-workers refused to share water that she had carried; they said it was unclean because she was a Christian (this is a hangover from the caste system, as most of those who converted to Christianity in pre-partition India were members of the lower castes).
- ^ Zakaria, Rafia (16 October 2018). "A Death Sentence Over a Cup of Water?". The New Republic. Archived from the original on 3 November 2018. Retrieved 1 November 2018.
The question of drinking order is a vestige of the Hindu caste system that has lingered in the area even after most of the population converted to Islam over a hundred years ago. Christians, believed to be converts from Dalits, continue to be treated as untouchables in parts of Pakistan. For high Brahmans, using the same utensils as someone from a lower caste represented contamination or impurity. It seems the women in the field with Asia Bibi on that ill-fated June day believed this as well.
- ^ Cite error: The named reference
Lanewas invoked but never defined (see the help page). - ^ Murashko, Alex (23 July 2011). "Global Petition Launched to Save Asia Bibi". International Christian Concern. Archived from the original on 1 November 2018. Retrieved 31 October 2018.
- ^ Bacon, John (31 October 2018). "Blasphemy: Pakistan frees Asia Bibi, a Christian, from death row". USA Today. Archived from the original on 31 October 2018. Retrieved 31 October 2018.
- ^ Cite error: The named reference
Lodge2018was invoked but never defined (see the help page). - ^ "Militants say killed Pakistani minister for blasphemy". Reuters. 2 March 2011. Archived from the original on 5 March 2011. Retrieved 5 July 2021.
- ^ Cite error: The named reference
pricewas invoked but never defined (see the help page). - ^ Cite error: The named reference
Tribune2010was invoked but never defined (see the help page). - ^ a b Aqeel, Asif (31 October 2018). "Pakistan Frees Asia Bibi from Blasphemy Death Sentence". Christianity Today. Archived from the original on 2 November 2018. Retrieved 31 October 2018.
In their final judgment, reviewed by CT, reversing Bibi's convictions by two lower courts and removing her death sentence, the panel of three judges ruled that Bibi was "wrongly" accused by two sisters with the help of a local cleric, based on "material contradictions and inconsistent statements of the witnesses" that "cast a shadow of doubt on the prosecution's version of facts." "Furthermore, the alleged extra-judicial confession was not voluntary but rather resulted out of coercion and undue pressure as the appellant was forcibly brought before the complainant in presence of a gathering, who were threatening to kill her; as such, it cannot be made the basis of a conviction," they wrote. "Therefore, the appellant being innocent deserves acquittal," the judges concluded. One even accused Bibi's accusers of violating a covenant made by Muhammad with Christians in the seventh century but still valid today. "Blasphemy is a serious offence," wrote justice Asif Saeed Khosa, "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.
- ^ "Islamists block roads in Pakistan over Asia Bibi blasphemy case". Deutsche Welle. 1 November 2018. Archived from the original on 16 April 2019. Retrieved 1 November 2018.
Islamists launched protests after the country's Supreme Court ruled to acquit Bibi of blasphemy in a widely publicized case.
- ^ Sophie Williams (1 November 2018). "Asia Bibi case: Thousands protest in Pakistan for second day over the acquittal of Christian woman sentenced to death for blasphemy". Evening Standard. Archived from the original on 16 April 2019. Retrieved 1 November 2018.
Radical Islamists mounted rallies against the verdict, blocking roads and burning tyres in protest as they demanded she be executed.
- ^ a b Sophia Saifi and James Griffiths (31 October 2018). "Pakistani Christian Asia Bibi has death penalty conviction overturned". CNN. Archived from the original on 14 April 2019. Retrieved 31 October 2018.
- ^ Cite error: The named reference
Sherwood2018was invoked but never defined (see the help page). - ^ a b Peter Stubley (3 November 2018). "Asia Bibi: Pakistan government stops Christian woman leaving country after 'caving in' to hardline Islamists". The Independent. Archived from the original on 26 May 2022. Retrieved 2 November 2018.
Under the terms of the deal made on Friday night, prime minister Imran Khan's administration said it would begin legal proceedings to place Asia Bibi on the "exit control list" (ECL). ... "I am not surprised that Imran Khan's regime has caved in to extremists," said Wilson Chowdhry, chair of the British Pakistani Christian Association.
- ^ "Asia Bibi Barred From Leaving Pakistan as Imran Khan Govt Strikes Deal With Islamist Protesters". News 18. 2 November 2018. Archived from the original on 3 November 2018. Retrieved 2 November 2018.
- ^ "Govt & Tehreek-e-Labbaik reach agreement to end protests". Radio Pakistan. 2 November 2018. Archived from the original on 25 May 2020. Retrieved 2 November 2018.
- ^ "Pakistan Makes Concessions to Protesters in Blasphemy Case". The New York Times. 2 November 2018. Archived from the original on 2 November 2018. Retrieved 2 November 2018.
- ^ "Asia Bibi: Deal to end Pakistan protests over blasphemy case". BBC. 2 November 2018. Archived from the original on 3 November 2018. Retrieved 2 November 2018.
- ^ Cite error: The named reference
Goldsmith2018was invoked but never defined (see the help page). - ^ "Cleared In Blasphemy Case, Asia Bibi To Still Spend Christmas In Custody". NDTV. 23 December 2018. Archived from the original on 27 December 2018. Retrieved 27 December 2018.
- ^ "Exonerated but still not free: Pakistan's Asia Bibi to spend Christmas in custody". SBS News. 24 December 2018. Archived from the original on 27 December 2018. Retrieved 27 December 2018.
- ^ Cite error: The named reference
BBCacquitwas invoked but never defined (see the help page). - ^ "Asia Bibi: Imran Khan attacks hardliners over court case". BBC News. 31 October 2018. Archived from the original on 22 June 2019. Retrieved 27 January 2020.
- ^ Williams, Alex (11 April 2019). "Pakistan's PM says 'complication' delaying Asia Bibi's exit". Premier Christian Radio. Archived from the original on 14 April 2019. Retrieved 14 April 2019.
- ^ Lucia I. Suarez Sang, Hollie McKay (8 May 2019). "Asia Bibi in Canada after fleeing Pakistan following blasphemy acquittal, lawyer says". Fox News. Archived from the original on 9 May 2019. Retrieved 9 May 2019.
- ^ Hashim, Asad (17 May 2014). "Living in fear under Pakistan's blasphemy law". Al Jazeera. Archived from the original on 2 November 2014. Retrieved 21 November 2014.
In Pakistan, 17 people are on death row for blasphemy, and dozens more have been extrajudicially murdered.
- ^ "Part-time spine, Is the Pakistani state capable of standing up to blackmail?", The Economist, p. 40, 10 November 2018, archived from the original on 19 November 2018, retrieved 19 November 2018,
several hundred people have been charged,...No one has yet been executed. But more than 50 people accused of blasphemy have been murdered.
- ^ "Muslims Block Roads, Call for Supreme Court Justices to Be Killed Over Asia Bibi Acquittal". The Christian Post. 31 October 2018. Archived from the original on 31 October 2018. Retrieved 1 November 2018.
In Pakistan, blasphemy (insulting Islam or its prophet Muhammad) is a crime punishable by life imprisonment or death. The law is often abused by Muslims looking to settle scores with religious minorities. Bibi has denied the accusations. In response to the court's announcement that a three-judge panel reversed earlier court rulings against Bibi on grounds that evidence against her was insufficient, TLP supporters have reportedly staged street protests and have also blockaded major roadways.
- ^ Cite error: The named reference
Hasan2010was invoked but never defined (see the help page). - ^ Hussain, Waqar (11 November 2010). "Christian Woman Sentenced to Death in Pakistan". Agence France-Presse. Archived from the original on 14 November 2010. Retrieved 11 November 2010.
- ^ Crilly, Rob; Sahi, Aoun (9 November 2010). "Christian Woman sentenced to Death in Pakistan for blasphemy". The Daily Telegraph. London. Archived from the original on 11 November 2010. Retrieved 11 November 2010.