ISLAMABAD: Though never amended in the books of statute as such by successive governments, Section 295-C of the Pakistan Penal Code regarding blasphemy applies to all the prophets.
Generally ignored in the ongoing discussions in the media, it is the Federal Shariat Court which in 1991 had ruled that this particular section would apply to all the prophets and that the offence of blasphemy would only entail the punishment of death.
Ismail Qureshi, senior advocate of the Supreme Court, religious scholar and the man who fought a long legal battle to get death sentence for blasphemers in the Pakistani statute, told The News that the Federal Shariat Court’s decision got finality after the then government had withdrawn its appeal from the Supreme Court.
In talk shows and discussions even some prominent lawyers were heard saying that the Section 295-C is flawed as it does not cover all the prophets. Qureshi explained that after the FSC’s judgment, the Section 295-C would be read in the light of the Shariat Court’s decision.
Former Chief Justice of Pakistan Justice (retd) Saeeduzzaman Siddiqi, when approached, endorsed Qureshi’s viewpoint and said that after a superior court’s ruling gets finality, it becomes law no matter whether the concerned law is amended by the government or not.
The FSC decision made two key changes in Section 295-C. First, the change is regarding doing away of the punishment of life imprisonment whereas second change covered all the Prophets of Islam. According to Qureshi, the Nawaz Sharif government had initially filed an appeal against the FSC decision but later withdrew when he came to know about the nature of the court’s decision.
In the PPC, the Section 295-C continues to read what it was originally drafted in mid 1980s. It reads as: “295-C. Use of derogatory remarks, etc., in respect of the Holy Prophet: Whoever by words, either spoken or written, or by visible representation or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, or imprisonment for life, and shall also be liable to fine.”
However, later the FSC in 1991 Muhammad Ismail Quershi vs Pakistan through Secretary Law and Parliamentary Affairs (PLD 1991 Federal Shariat Court 10) has penned downed that blasphemy of any prophet should be made punishable with death penalty and judges had also quoted verses of the Holy Quran regarding the respect of holy Prophets.
The selected portions of the FSC judgment are: “It is also to be noted that Allah Almighty creates no distinction or inequality in the status of the Prophets though. He did bestow on some of them more gifts than others.”
While quoting different verses of the Holy Quran, the judgment said, “Practically, all the jurisconsults and scholars agreed that in view of the above verses and the equal status of all the Prophets as such, the penalty of death as determined above shall apply, in case any one utters contemptuous remarks or offers insult, in any way, to any one of them.”
The FSC concluded, “In view of the above discussion we are of the view that the alternate punishment of life imprisonment as provided in Section 295-C PPC is repugnant to the injunctions of Islam as given in Holy Quran and Sunnah and therefore, the said words be deleted therefrom.” “68. A clause may further be added to this section so as to make the same acts or things when said about other Prophets, also offence with the same punishment as suggested above.”