Pakistan - Blasphemy reform

The detailed judgement of the landmark Mumtaz Qadri case has been issued by the Supreme Court (SC) three weeks after the verdict upholding Qadri’s conviction for murder and reinstating terrorism charges for assassinating Governor Salmaan Taseer was announced. The 39-page judgement, penned by Justice Asif Saeed Khosa, is a significant document and in more ways than one reinforces the widespread impression in the aftermath of the verdict that this case can be a harbinger of positive change and a fitting legacy for Governer Taseer, who gave his life for the cause being spearheaded in this judgement. While the short order made it clear that the SC had ruled that raising objections about the misuse and flaws of the existing blasphemy law, as Governer Taseer had done, was not an act of blasphemy itself, the detailed judgement goes further and shows Justice Khosa and his fellow judges taking a proactive stance in calling for said reform in a striking show of principled bravery. The honourable justices recognise the extreme potential for abuse inherent in the way this law has been framed and note the various instances where false accusations were employed to realise nefarious personal vendettas. 

The judgement holds that a false accusation of blasphemy is as abhorrent as actual blasphemy and has called for procedural safeguards to be introduced that improve investigations of such cases and ensure innocent people are not arrested, tried and put at risk of mob violence. The judgement recognises that laws need to be evolved with the changing times and emerging challenges and the blasphemy law is no different in needing improvements to its definitions, amendments and safeguards. The judgement also takes note of woefully incompetent police investigations in these matters and has called for a change in the protocols used and retraining of Investigating Officers (IO) in matters pertaining to blasphemy. Noting the scourge of extra-judicial murders of those accused of blasphemy, the judgement thoroughly condemns actors like Qadri who take the law into their own hands instead of letting the law run its course.

This is a thoroughly welcome and bold judgement that has taken the cause of blasphemy reform forward by leaps and bounds. After the brutal silencing of Governer Taseer and the hero worship of his killer, many opponents of the law and champions of its reform were wary of making their stances public and a climate of fear and foreboding was prevalent. There is bound to be strenuous opposition to the reform of this law by the forces of religious intolerance and this makes the firm stance of the SC even more commendable. With this declaration by the highest court in the land, the advocates of tolerance and rationality will be emboldened in the struggle for the country’s soul and to ensure that the reforms demanded in this judgement are followed through.