PAKISTAN: Police illegally arrest and continue to detain a shopkeeper cleared of blasphemy

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-089-2009
ISSUES: Arbitrary arrest & detention, Freedom of religion, Police negligence, Police violence,

Dear friends, 

The Asian Human Rights Commission has received information that a young Christian grocer has been wrongly arrested under the blasphemy law after another shopkeeper advised him to burn some old papers, then reported him for burning the Quran. The blasphemy law is regularly misused by people with vendettas against minority persons and police are required by law to investigate claims before making an arrest. In this case the victim was proven innocent but is still being detained. The man is also being blackmailed by the complainant, who by law should now be charged for making the false report. Local mosques used loudspeakers to accuse the man, who was badly beaten by the public before his arrest, and the clerics of these mosques have not been charged. 

CASE DETAILS: 

According to information received from National Commission on Human Rights (NCHR), a Christian organisation, Imran Masih was sorting out old papers in his grocery store in Hajvery town (Faisalabad, Punjab) when he found an Arabic booklet. A neighbouring shopkeeper saw it and suggested that burning it would be better than throwing it out with the rubbish, which Masih did before leaving his shop. 

At this point the neighbour, Haji Liaquat Ali, reportedly started to shout that Imran Masih had burned a Quran, and a number of mosques took up the call over their loud speakers. Masih returned to find a group of Muslims attacking his house and setting fire to his shop, before he and his younger brother Naveed were beaten. Police pulled them from the group beating, but arrested Masih in response to a first information report (FIR) number 622/09 that had been filed under sections 295-A and 295-B of the Pakistan Penal Code, accusing him of offences against Islam. However no basic inquiry had been made. This is now required by law before an arrest for blasphemy, since the accusation is frequently and baselessly made during arguments. 

Local councilors and members of Christian organisations insisted on a proper investigation, and it was found that the burned book was not the Quran, and the charges would therefore not hold; yet Masih was not released. At this point Haji Ali and the man who lodged the complaint, a Mr. Faryad Ali Jat, told the victim’s family in front of police, that they would withdraw the charges if the family left the shop and their house. The family notes that these two men have often pressured them to do this several times in the past, since they appear to want the retail space. 

Imran Masih remains in Faisalabad Jail where he has been threatened by his cell mates, and been moved to a separate cell. 

ADDITIONAL INFORMATION: 

Charges of blasphemy are still met with the death penalty in Pakistan, and desecrating the Quran carries a life sentence. Since the blasphemy law is regularly misused by people with vendettas against minority persons it was amended in 2004; now senior police officer must produce substantial evidence to prove claims of blasphemy before arrests are made. 

The AHRC is also aware of several recent cases in which Mosques have used loud speakers to provoke anger against religious minorities. Section 3 of Loud Speaker Act 1965 bans all types of speeches other than Azan (the call to prayer) and the Friday sermon in Arabic, but those in charge of the mosques involved in this case have not yet been charged. 

This lack of follow through leaves religious minorities at risk. In one case in Gujranwala, Punjab, 100 houses were attacked after a sudden announcement reporting that Christians had desecrated name of Mohammad, the last prophet of Islam; in another case similar incitements lead to the damage of the New Apostolic Church in Gowindh village near Hadiyra, before a three day social boycott again its congregation. This June a cleric in Maan Wala village in Kasur district, Punjab started a campaign from his mosque, leading to the attack and ransacking of the village’s Christian houses. 

SUGGESTED ACTION: 

Please write to the authorities, urging them to immediately release Imran Masih and to instead charge those who falsely alleged blasphemy. The clerics of the mosques who broke Section 3 of Loud Speaker Act 1965 should also be charged, and the victim compensated for the loss of his shop and his unlawful imprisonment. 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________, 

Re: PAKISTAN: Police illegally arrest and continue to detain a shopkeeper cleared of blasphemy 

Name of victim: 
Mr. Imran Masih son of Ghafoor Masih, 
Resident of Hajvery Town, KMC Primary School Chowk, Union Council 212, Sargodha road, Faisalabad, Punjab province 

Name of alleged perpetrators: 
1. Mr. Faryad Ali Jat (son of Manzoor Ahmed) 
Resident of street no.2 Bilal Ganj Hajveri Town, Faisalabad, Punjab province 
2. Mr. Haji Liaquat Ali, 
Resident of Hajvery town, Sargodha road, Faisalabad, Punjab province 

Date of incident: 1 July, 2009 at 3.30pm 
Place of incident: Hajvery Town, KMC Primary school Chowk, Faisalabad, Punjab province

I’m writing to voice my concern about the continued illegal detainment of an innocent man by the Sargodha Road police after he was falsely accused of blasphemy by a neighbour. The blasphemy law is regularly misused by people with vendettas against minority persons and was amended in 2004 for this reason; now a senior police officer must produce substantial evidence to prove claims of blasphemy before arrests are made. It appears that those operating the station at Sarghodha Road are not aware of this. 

In this case Imran Masih was throwing out old papers in his grocery store in Hajvery town (Faisalabad, Punjab) when he found an Arabic booklet. A neighbouring shopkeeper saw it and suggested that burning it would be better than throwing it out with the rubbish, which Masih did before leaving his shop. At this point the neighbor, Haji Liaquat Ali, started to shout that Imran Masih had burned a Quran and a number of mosques took up the call over their loud speakers. Masih returned to find a group of Muslims attacking and setting fire to his shop, after which he and his brother were beaten. 

Police arrested the grocer in response to a first information report (FIR) number 622/09 under sections 295-A and 295-B of the Pakistan Penal Code, however no basic inquiry had been made or proof of blasphemy obtained. In fact after local councilors and members of Christian organisations insisted on a proper investigation, it was found that the burned book was not the Quran, and that he was innocent. 

However he has not been released. I have been informed that Haji Ali and the man who lodged the FIR, a Mr. Faryad Ali Jat, have told the victim’s family, in front of police, that they will withdraw the charges if the family leaves the shop and their house. The family notes that these two men have often pressured them to do this several times in the past, before the incident. 

Imran Masih remains in Faisalabad Jail where he is being threatened by his cell mates, and I urge that he be immediately released and compensated, both for his illegal detainment and the damage to his person and his property. 

The man who lodged the false complaint of blasphemy – now a criminal offence – must be charged, as should the mullahs of the mosques who illegally used the building’s loudspeakers to incite violence against a minority person, breaking Section 3 of Loud Speaker Act 1965 (which bans all but Azan and the Friday sermon in Arabic from being broadcast). 

I also urge that strong action be taken against the officers at Sargodha road police station for misconduct in this matter, in which radical religious sentiments have been pandered to, and minority persons harmed and discriminated against. 

Yours sincerely 

———— 

PLEASE SEND YOUR LETTERS TO: 

1.Mr. Syed Yousaf Raza Gillani 
Prime Minister 
Prime Minister House 
Islamabad 
PAKISTAN 
Fax: +92 51 922 1596 
Tel: +92 51 920 6111 

2. Minister for Interior 
R Block Pak Secretariat 
Islamabad 
PAKISTAN 
Tel: +92 51 9212026 
Fax: +92 51 9202624 
E-mail: ministry.interior@gmail.com or interior.complaintcell@gmail.com 

3. Mr. Mian Shahbaz Sharif 
Chief Minister of Punjab 
H-180 Model Town 
Lahore 
PAKISTAN 
Fax: +92 42 5881383 

4. Minister of Law 
Government of Punjab 
Punjab Secretariat 
Ravi Road 
Lahore 
PAKISTAN 
E-mail: law@punjab.gov.pk 

5. Chief Secretary of Government of Punjab 
Punjab Secretariat 
Lahore 
PAKISTAN 
Fax: +92 42 7324489 
E-mail: chiefsecy@punjab.gov.pk 

6. Mr. Salman Taseer 
Governor of Punjab 
Governor House 
Mall Road 
Lahore 
PAKISTAN 

7. Dr. Faqir Hussain 
Registrar 
Supreme Court of Pakistan 
Constitution Avenue 
Islamabad 
PAKISTAN 
Fax: + 92 51 9213452 
E-mail: mail@supremecourt.gov.pk 

Thank you. 
Yours sincerely, 

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-089-2009
Countries : Pakistan,
Campaigns : Blasphemy Law in Pakistan
Issues : Arbitrary arrest & detention, Freedom of religion, Police negligence, Police violence,