A Christian woman in Pakistan wrongly charged with blasphemy by a mosque leader won bail on Thursday (Jan. 16), her lawyer said.
Gojra Additional Sessions Judge Waseem Mubarik granted the bail to Shazia Younis, a 50-year-old Catholic mother of three children, in the case registered under Section 295-B of Pakistan’s controversial blasphemy statutes relating to desecration of the Quran, punishable by life in prison, said attorney Javed Sahotra.
“The judge accepted my arguments that the woman had been falsely accused of blasphemy by the complainant – the First Information Report [FIR] shows that there was no ill intent behind her act,” Sahotra told Christian Daily International-Morning Star News.
Sahotra said police had wrongly charged Younis because Section 295-B clearly requires a suspect to have “deliberately or intentionally” desecrated the Quran; intent must be shown for a blasphemy conviction.
“In this case, the complainant has admitted that Younis had unknowingly burned the holy pages along with waste paper,” he said. “Therefore, her act does not constitute a case under Section 295-B.”
The complainant did not witness the alleged incident, nor had police recovered any incriminating material from the woman’s possession, he added.
Sahotra said the judge ordered the release of Younis against surety bonds of 50,000 rupees ($180 USD).
“Younis will be released from prison in a couple of days, after we get the court’s written verdict,” he said, adding that soon he would file an application for dismissal of the case against her.
Gojra Saddar police in Toba Tek Singh District, Punjab Province, arrested Younis on Dec. 21 on the complaint of Atta Ul Mustafa, prayer leader of a mosque in her village, Chak No. 180-GB Mongi Bangla.
Mustafa stated in the FIR that he was in a market on Dec. 21 when two local Muslims, Muhammad Imran and Rab Nawaz, informed him that the woman had set fire to books outside her doorstep.
“The material set ablaze included a book of Islamiyat, which contained Islamic scripture,” Mustafa stated in the FIR, claiming also that Younis had admitted desecrating the pages to him. “Shazia has hurt the religious sentiments of Muslims, and she should therefore be punished as per the relevant law.”
UNHRC Urges Amending Laws
Expressing alarm over an increase in false blasphemy accusations in Pakistan, the U.N. Human Rights Committee on Nov. 7 urged repeal or amending of the country’s harsh blasphemy laws.
The committee noted that false blasphemy accusations led to Islamist mob violence and recommended amending the laws in accordance with requirements of the International Covenant on Civil and Political Rights (ICCPR).
In its concluding observations of the committee’s second periodic report on Pakistan, it stated concern over sections 295 and 298 of the Pakistan Penal Code, which carry severe penalties, including the death penalty, and have a disproportionate impact on religious minorities.
“It is also concerned about the increasing number of persons incarcerated under blasphemy charges, the high number of blasphemy cases based on false accusations, violence against those accused of blasphemy, fostering vigilante justice, and allegations of entrapment of persons, in particular young persons, on accusations of on-line blasphemy under cybercrime laws,” the committee stated.
It emphasized ending use of cybercrime laws, such as the Prevention of Electronic Crimes Act (PECA) 2016, to prosecute and detain those accused of breaching blasphemy laws online. The committee also urged the government to investigate allegations of massive abuse of blasphemy laws in connection with cybercrime laws and publish the results of the inquiries.
“[The committee] is also concerned about the chilling effect that criminal defamation laws, blasphemy, sedition and counter-terrorism laws, and other recently passed legislation have on the exercise of freedom of expression by journalists, activists, human rights defenders and members of ethnic and religious minorities,” it stated.
Urging Pakistan to take all necessary measures to guarantee prompt and fair trials for all persons charged with blasphemy or other offenses against religion, the committee highlighted jail conditions, stating that it was “also concerned about reports of abuse of women prisoners, including sexual violence, and that individuals accused of blasphemy are often placed in solitary confinement for extended periods of time. It remains concerned about the widespread recourse to prolonged pretrial detention.”
Pakistan ranked eighth on Open Doors’ 2024 World Watch List of the most difficult places to be a Christian.
