A sessions court in Peshawar has sentenced an Afghan national to death and ordered him to pay a fine of Rs100,000 after convicting him of blasphemy. The case was registered in August 2022, and the death sentence cannot take effect until the Peshawar High Court confirms it.
Additional Sessions Judge Rafiullah found that the prosecution had proven its case under Section 295-C of the Pakistan Penal Code. The court has forwarded a reference under Section 374 of the Code of Criminal Procedure, together with the full case record, to the high court. If the convict does not pay the fine, he will spend an extra six months in prison.
Prosecution’s account of the Hayatabad incident
According to the prosecution, the case was lodged at Hayatabad police station on August 5, 2022, after the accused allegedly made blasphemous remarks at the Phase-III flyover in Hayatabad. The first information report said police arrived after being told a crowd had gathered, and they took a man into custody.
Three eyewitnesses told police that the accused had made derogatory and abusive comments about the Holy Prophet Muhammad (PBUH), according to the court proceedings. One of them also said the accused had insulted prophets including Hazrat Essa (AS) and Hazrat Musa (AS). The complainant said that people present at the scene helped subdue the accused before he was handed over to the police.
Court finds no sign of false witness testimony
In its detailed 21-page judgment, the court held that the charge had been established. It said it found no evidence of enmity, bad faith or any hidden motive that would indicate the witnesses had falsely named the accused. The judge also relied on a 1991 Federal Shariat Court ruling that interprets the punishment prescribed under Section 295-C.
The court examined medical records from after the arrest. According to the judgment, the accused was examined on August 6 and again on August 7, 2022, and was declared fit for custody both times. The judge said the record contained no proof of a mental disorder or disability at the time of the alleged offence, and no such report had been filed by the superintendent of Central Prison Peshawar during his detention.
Defence objections and legal aid for the accused
During the trial, the defence questioned the presence of the complainant and eyewitnesses at the scene. Counsel argued that the complainant, a permanent resident of Mardan district, and witnesses from different localities had not given a satisfactory reason for being there. The defence also said the exact words allegedly spoken were absent from the initial report and the formal FIR.
Counsel further argued that the prosecution’s evidence contained significant contradictions about the remarks themselves. The court weighed these objections alongside the prosecution’s evidence before reaching its verdict. The judgment also noted that no lawyer was willing to represent the accused, and he could not afford one himself, so the Legal Aid Committee, chaired by the district and sessions judge, appointed counsel for him.
The death sentence will now be examined by the Peshawar High Court, which will decide whether to confirm it in line with the law.
