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Pakistan's Blasphemy Law Dilemma

Pakistan Blasphemy Laws are once again under the national and international spotlight following the gruesome murder of Advocate Rashid Rehman, a lawyer and a human rights activist who was shot dead on May 7, 2014 in his office for defending a teacher of Bahauddin Zakaria University, in Multan, central Pakistan. The teacher was accused of having committed blasphemy. Following on the the heel of this murderous act, as many as 68 lawyers also faced the same charge under Section 295A of the constitution of Pakistan by the Kotwali Police in Jhang, another town in central Pakistan which is the hotbed of the country simmering sectarian wars. The infamous radical sunni Lashkar-i- Jhangvi and its precursor Sipahe Sahaba Pakistan also originated in Jhang. It is no surprise therefore that the Jhang police wasted no time in instituting the case against the lawyers who were protesting Rehman murder. The case followed a death threat made by religious groups, who warned lawyers of dire consequences if they stood for blasphemy offenders. Ignoring the threat, a group of lawyers did organize a protest against the wilful murder of Rashid Rehman who was only performing his duty as a defender of law and justice. In retaliation to the widespread condemnation by the lawyers and the civil society organization, on the murder of Mr Rehman, the perpetrators planned another deadly act of attacking the Central Jail Multan and killing all the accused in blasphemy case including lecturer Junaid Hafeez, who was accused of defaming the Holy Prophet on social media. [1] Preempting the attack, Multan police on a tip-off, arrested five alleged terrorists on May 11. Just a week before the murder of Mr Rehman, a mosque in the Capital Islamabad was named after Mumtaz Qadri, the guard who had murdered former Governor of Punjab Mr Salman Taseer [2] in Islamabad on January 4, 2011. Qadri gunned down Taseer because the former governor advocated changes to the Blasphemy Law and had also met with Asiya Bibi...

Pakistan’s multiple crises

An international conference at Oxford University on May 10 looked at the possible opportunities that may arise out of the multiple crises that Pakistan currently faces. During proceedings and presentations, the 27 speakers ¶ including those from Pakistan, the US, Germany, Canada and the UK ¶ dilated on the security, economy, sociology and foreign relations of Pakistan. Much of the talk centred around the crisis of governance, insecurity, energy issues, ethnic and nationalistic conflicts and Pakistan policy discord with India, the US and its skewed policy towards Afghanistan. Ironically, even relatively optimistic speakers predicated their projections on several ¿ifs– and ¿buts–. Convened by the Quaid-e-Azam fellow at St Anthony College, Oxford University, Dr Ishtiaq Ahmed, the conference drew prominent intellectuals from all places mentioned above, aiming to generate interest to re-engage Pakistan challenges at the intellectual, academic and policy level. Pakistandisparate education system and the sociopolitical distortionsit has brought about also featured prominently in the discussions, with Mosharraf Zaidi and Professor Saeed Shafqat underlining that the near abdication of quality and values– education by the state had stymied public sector educational institutions– progress. The mantra of private schools being the panacea for the education sector ills must be dispensed with, Zaidi said, underlining the need to regularise all private schools and introducing a unified and harmonious curriculum, at least on religion, history and language. One of the formidable challenges for Pakistan, as speakers pointed out, is thechange of guardsin the capitals of Pakistan eastern and western neighbours. They cautioned that with the possible elevation of Narendra Modi as the Indian premier and with a new president in Afghanistan, the Pakistani civilian and military leadership needed to review its existing prism on both countries and come up with a pre-emptive, bold and...

Pakistan's multiple crises

An international conference at Oxford University on May 10 looked at the possible opportunities that may arise out of the multiple crises that Pakistan currently faces. During proceedings and presentations, the 27 speakers ¶ including those from Pakistan, the US, Germany, Canada and the UK ¶ dilated on the security, economy, sociology and foreign relations of Pakistan. Much of the talk centred around the crisis of governance, insecurity, energy issues, ethnic and nationalistic conflicts and Pakistan policy discord with India, the US and its skewed policy towards Afghanistan. Ironically, even relatively optimistic speakers predicated their projections on several ¿ifs– and ¿buts–. Convened by the Quaid-e-Azam fellow at St Anthony College, Oxford University, Dr Ishtiaq Ahmed, the conference drew prominent intellectuals from all places mentioned above, aiming to generate interest to re-engage Pakistan challenges at the intellectual, academic and policy level. Pakistandisparate education system and the sociopolitical distortionsit has brought about also featured prominently in the discussions, with Mosharraf Zaidi and Professor Saeed Shafqat underlining that the near abdication of quality and values– education by the state had stymied public sector educational institutions– progress. The mantra of private schools being the panacea for the education sector ills must be dispensed with, Zaidi said, underlining the need to regularise all private schools and introducing a unified and harmonious curriculum, at least on religion, history and language. One of the formidable challenges for Pakistan, as speakers pointed out, is thechange of guardsin the capitals of Pakistan eastern and western neighbours. They cautioned that with the possible elevation of Narendra Modi as the Indian premier and with a new president in Afghanistan, the Pakistani civilian and military leadership needed to review its existing prism on both countries and come up with a pre-emptive, bold and...

Pakistan's multiple crises

An international conference at Oxford University on May 10 looked at the possible opportunities that may arise out of the multiple crises that Pakistan currently faces. During proceedings and presentations, the 27 speakers ¶ including those from Pakistan, the US, Germany, Canada and the UK ¶ dilated on the security, economy, sociology and foreign relations of Pakistan. Much of the talk centred around the crisis of governance, insecurity, energy issues, ethnic and nationalistic conflicts and Pakistan policy discord with India, the US and its skewed policy towards Afghanistan. Ironically, even relatively optimistic speakers predicated their projections on several ¿ifs– and ¿buts–. Convened by the Quaid-e-Azam fellow at St Anthony College, Oxford University, Dr Ishtiaq Ahmed, the conference drew prominent intellectuals from all places mentioned above, aiming to generate interest to re-engage Pakistan challenges at the intellectual, academic and policy level. Pakistandisparate education system and the sociopolitical distortionsit has brought about also featured prominently in the discussions, with Mosharraf Zaidi and Professor Saeed Shafqat underlining that the near abdication of quality and values– education by the state had stymied public sector educational institutions– progress. The mantra of private schools being the panacea for the education sector ills must be dispensed with, Zaidi said, underlining the need to regularise all private schools and introducing a unified and harmonious curriculum, at least on religion, history and language. One of the formidable challenges for Pakistan, as speakers pointed out, is thechange of guardsin the capitals of Pakistan eastern and western neighbours. They cautioned that with the possible elevation of Narendra Modi as the Indian premier and with a new president in Afghanistan, the Pakistani civilian and military leadership needed to review its existing prism on both countries and come up with a pre-emptive, bold and...

Monthly Report on Violence – April 2014

An upsurge was recorded in the number of violent incidents resulting in killing and injuring people throughout the country except in Punjab province. Compared to the 385 deaths in March, the figure grew to 514 in April registering over 30% rise. Over 30% of the total mortalities were in Sindh, nearly 60% in FATA, Balochistan, and Khyber Pakhtunkhwa (KP) combined and less than 10% in the Punjab and Islamabad. The sudden increase was attributed to Taliban refusal to the government demand to extend ceasefire for another month and the ensuing in-fighting among the Taliban groups and as such majority of the dead comprise militants. Target killings in Karachi declined in April but it increased in other parts of Pakistan. Insurgents in Balochistan escalated their activities in the province and also claimed responsibility for the bomb explosion at Sabzi Mandi (fruit and vegetable market) in Islamabad. There is a noticeable change in the nature of crimes countrywide which have been reviewed and analyzed in the following report. All these events and other facts reported in the national newspapers are collected to make this report as informative and factual as possible. Errors and omissions, as always are a possibility in all statistical works including this one, are expected. However, such mistakes do not grossly affect the basic objective of this report. This report mainly covers the following topics: Casualties during April 2014 Casualties among militants Claiming acts of violence New elements Victims of violence and counter violence operation Karachi killings Sectarian violence CRSS will appreciate receiving comments from readers on the report. Report prepared by: Mohammad Nafees Senior Research Fellow Center for Research and Security Studies NOTE: Readers can approach CRSS for source of any information included in the report. Please send your request to: [mail@crss.pk] OVERVIEW Casualties during April 2014 There was a 30% increase in the number of casualties thus...

Judicial Activism and Rebalancing of Power among State Organs

CRSS Executive Director, Imtiaz Gul, read this extract from a paper titled, 'Judicial Activism and Rebalancing of Power among State Organs' for an international conference, 'Pakistan: Opportunity in Crisis' held at Oxford University St Anthony College, May 10-11, 2014. Before discussing the historical evolution of judicial activism and its implications for the present day Pakistan, two big factors must be kept in mind to explain the context: Domestic Factor Ruling elites– largely squabbling self-serving landed aristocracy provided the pretext of intervention to the military within seven years of Pakistan creation in 1947 ´ resulting in three long military rules that stunted Pakistan growth as a democracy. This landed aristocracy and civil service bureaucracy served as the social crutches for the encroaching military and thus we have a Pakistan that continues to reel from the predominance of the general headquarters located south of Islamabad. Geo-Political Factor Pakistan location ´ surrounded by India, Afghanistan, bordering with China and Iran ´ has sucked the country into endless conflict and wars. Running animosity with India, tensions with Afghanistan following the Soviet-Russian occupation of that country, and its recent clear lap-up of Saudi Arabia to the displeasure of Iran has often forced external forces such as the US and UK to deal with and legitimize military rulers, thereby lending undue legitimacy to military coups. Dr. Peter R. Lavoy, who retired earlier this year as Acting Assistant Secretary of Defense for Asian and Pacific Security Affairs, recently also explained this in about a dozen words. During a lecture at the Institute of Strategic Studies three days ago in Islamabad: Answering a question about US polices towards Pakistan in the context of US India nuke deal, "Equity, fairness and justice in international politics are some time overtaken by the principle of might is right". No doubt, what we see today is a direct consequence of the...

Below is the summary of a paper that Mr. Imtiaz Gul, Executive Director CRSS presented at the International Conference 'Pakistan: Opportunity in Crisis' on "Executive, Judiciary, Parliament and the Military:Rebalancing of Powers in Pakistan" held at Asian Studies Centre, St Antony's College, Oxford University from 10-11 May, 2014. Introduction: March 9, 2007 was a defining moment for Pakistan: Regardless of CJ Iftikhar Chaudhry's motives, his defiance of General Pervez Musharraf, the Supreme Commander and his close associates at the virtual Army House in Rawalpindi south of Islamabad, turned out to be a watershed in the senior judiciary's role in Pakistan. What we have seen since is the emergence of the senior judiciary as an ever-assertive and at times unnecessarily interventionist state institution which has been challenging both the military and the civilian leadership - albeit with limitations. Judiciary Use of Doctrine of Necessity vis-à-vis the Military, Parliament & Executive A look back at the 67 years of political history of Pakistan shows five extra-constitutional emergency or martial law regimes where the constitution was either entirely abrogated or partly or wholly suspended. Martial laws were declared in Pakistan in 1958, (by Iskandar Mirza who appointed General Ayub Khan as the Chief Martial Law Administrator), 1969 (by General Yahya Khan himself), 1977 (by General Zia-ul-Haq) and in 1999 and 2007 (by General Pervez Musharraf). All first four Martial Laws in Pakistan were legitimized by the Supreme Court of Pakistan using the ¿Doctrine of Necessity– which was introduced by Chief Justice Muhammad Munir in Supreme Court of Pakistan jurisdiction in the mid-1950s. He drew support for the ¿law of necessity– from Braxton maxim which stated, 'That which is otherwise not lawful is made lawful by necessity', and the Roman dictum, 'the well-being of the people is the supreme law.' In all of the above martial laws, it was always the when there was...

Deaths/Injuries due to violence – April 2014

Violence followed by death and injury continued unabated in the month of April 2014. Following tables gives a concise report of the deaths and injuries suffered by the people all over the country. One table also records the desecration of the Holy Quran and place of worship .The victims are specifically women and children and polio workers.   Attacks on Polio team workers Dead = 1 Injured = 6   Date Source Killed Injured City Method Affiliation Name of Victims 1-Apr-14 The News 1 0 Bannu Gunned down Polio team Fehmida Yasmin - Unidentified gunman shot dead a lady polio worker in Sukari Zabita Khan 17-Apr-14 Exp Tribune 0 1 Hangu Shot at Polio guard Muhammad Amil constable 17-Apr-14 Exp Tribune 0 0 Khyber Shot at Polio team Unidentified gunmen opened fire at a polio team in Ghareza area of Jamrud, Khyber Agency. Fortunately, no human loss occurred. 26-Apr-14 Dawn 0 1 Rawalpindi Hit at Polio team Imrana Shaheen was hit and injured by two men riding a motorcycle in the Dhoke Matkal area of the city on Thursday 29-Apr-14 Exp Tribune 0 4 Peshawar Hand grenade Polio team A lady health worker house was attacked in the early hours of Monday in Sro Kalay, Shabqadar, Dilshad, her brother Bilal and his wife Nazia, a polio health worker, All the residents were injured Desecration of holy places/scriptures   Date Source City Province Location Sub-location Religion Name of Victims 2-Apr-14 Dawn Tando Allahyar Sindh Mansoor Colony unk Ahmadi Worship place Residents of various localities of Tando Allahyar city and activists of religious parties took to the streets against alleged desecration of the Holy Quran and attacked the home-cum-worship place of a man belonging to the Ahmedi community for his involvement in the alleged sacrilege. According to sources, 12-year-old Salman was coming from a seminary in Mansoor Colony, Tando Allahyar city, when he was intercepted by two men riding a motorbike and snatched the Quran from him and beat him up.   Females and...

Consultative Meeting with Sargodha Press Club

A consultative meeting on "Prosecution and News Reporting ´ Role of Media" was held at Sargodha Press Club on Thursday, May 08– 2014. The meeting was organized in partnership between CRSS and Sargodha Press Club as part of an advocacy campaign for the Support to Punjab Prosecution Service (SPPS) project. President Press Club Sargodha Naeem Akhtar Khan, Resident Editor Daily Tajarat Malik Muhammad Mouzam, President Sargodha Bar Association Mian Arif Nazir, District Coordinator of AAWAZ-Voice &Accountability Programme of Aurat Foundation Sobia Mirzaman Awan and Consultant of Developmental Organisations Qaisara were among the distinguished participants of the consultation. The main objective of the meeting was to stress upon the role of media in fair and speedy prosecution service, to highlight issues faced in the process and to provide knowledge on prosecution service. In this regard, Mr Naeem emphasized on providing information to masses as the main function of media. Lack of media ethics while reporting crime and law was highlighted as a major issue by Mr Naeem. While highlighting the challenges faced by the prosecution service, Malik Muhammad Mouzam pointed out the low number of prosecutors against high number of registered cases. Moreover, these registered cases are sensationalized by media most of the times which is also against the ethics and norms of journalism. Qaisara stressed upon an active appointment of women prosecutors and judges. She suggested 33 percent quota system for women in the prosecution department. Moreover, the participants believed that educating masses on the prosecution service and its working would itself improve the services of the department. And this part of education cannot be played any better than by the media which is playing a crucial role and carries a great responsibility towards social wellbeing of the society.

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I am also a member of National Assembly’s Standing Committee on Information and Broadcasting. Recently, we held a meeting with the Director General of Radio Pakistan and we told them to initiate such local programs (like Constituency Hour) in regional languages to educate and inform people. Even Indian Radio can be heard in FATA which is being used for propaganda purposes and must be closed. Therefore, we should launch some standard and quality programs like CRSS that will change the taste of the listeners.

Soniya Shams

Shaheed Benazir Bhutto Women University, Peshawar