The shortcomings of the Prosecution Department were on display once again when it failed to provide cogent evidence in challenging the grant of bail to 83 persons accused of burning over 200 houses in Joseph Colony in March last year following charges of blasphemy against a resident of the pre-dominantly Christian neighbourhood.
Last week, the Lahore High Court dismissed the appeal due to the department’s failure to establish the suspects’ role in the incident. This is not the first time that something like this has happened. Those accused of terrorism in several cases including the attack on Manawan Police Training School and the Sri Lankan cricket team were set free because of the prosecution’s failure to gather sufficient evidence against them.
The dismissal of the bail appeal brings the spotlight firmly on the department’s performance. Pakistan has faced considerable criticism for allowing those behind the Joseph Colony attack to go scot free. Human rights activists around the world have condemned the manner in which the trials related to the Joseph Colony events have played out; the man accused of blasphemy was convicted while those that many believed to have set houses on fire were granted bail.
Only two weeks ago, the US Commission on International Religious Freedom had recommended that Pakistan be designated a country of particular concern for its failure to protect religious minorities. The USCIRF had made this recommendation in 2002 as well.
Gurdwara land
Last week, the Lahore High Court directed the Punjab government to maintain status quo on the matter of a Gurdwara’s land that had been sold to the Defence Housing Authority (DHA) by the Evacuee Trust Property Board (ETPB). Sikh Welfare Council’s representative Gulab Singh had filed a petition against the sale of 230 kanals of land that belonged to the Gurdwara Bibi Nanki, in the Cantonment. The petitioner said that a large part of land in Mota Singh village in the Cantonment was evacuee trust property and attached to the Gurdwara. He said the land should have been preserved since it was trust property but still the ETPB had sold it to the DHA.
Remissions for convicts
Following petitions by several convicts of accountability courts seeking presidential remissions in their sentences, a bench of the Lahore High Court directed the authorities to allow remission to them. The petitioners said that all other convicts had been given relaxation in their sentences under presidential orders or remissions announced on special occasions like Eid and Independence Day. However, convicts of accountability courts had not been extended the benefit, they said and called it discriminatory and in violation of human rights.
Imran Khan’s position
Chief Justice Umar Ata Bandial told Pakistan Tehreek-i-Insaf chief Imran Khan last week to state his position on the disturbance in the decorum and tranquility of the court by his supporters, which had forced Justice Bandial to leave the courtroom. The incident took place just as Khan arrived in court to attend proceedings of a petition filed by National Assembly Speaker Ayaz Sadiq, challenging the election commission’s order on a petition by the PTI chief against Sadiq. The court adjourned the hearing until May 15. In a written order addressing Khan, the chief justice said: “In this behalf, precautions must be taken by persons with political following who have an added duty to control irresponsible behaviour by their supporters. The brash conduct by fervent supporters in the present case should have been anticipated and prevented.”
Published in The Express Tribune, May 12th, 2014.