Lawyer Sardar Mushtaq Gill has stated that the
administration of the Lahore High Court (where Asia Bibi should start her
appeal process) has received “orders not to schedule hearings for the moment
and we do not know for how much longer.” This follows the sudden disappearance of her
case from the docket on May 27, 2014, which was to be her fifth appeal
attempt.
administration of the Lahore High Court (where Asia Bibi should start her
appeal process) has received “orders not to schedule hearings for the moment
and we do not know for how much longer.” This follows the sudden disappearance of her
case from the docket on May 27, 2014, which was to be her fifth appeal
attempt.
Asia
Bibi has been imprisoned since 2009, in Pakistan, waiting for her appeal to
be considered. She was convicted of
blasphemy in a highly suspect trial, with no clear evidence to support the
charges. She will be the first Christian woman to be executed under the
blasphemy law in Pakistan. Asia Bibi’s
last hope is in her appeal and, due to militant Muslims putting heavy pressure
on the courts, that appeal has yet to be heard.
Bibi has been imprisoned since 2009, in Pakistan, waiting for her appeal to
be considered. She was convicted of
blasphemy in a highly suspect trial, with no clear evidence to support the
charges. She will be the first Christian woman to be executed under the
blasphemy law in Pakistan. Asia Bibi’s
last hope is in her appeal and, due to militant Muslims putting heavy pressure
on the courts, that appeal has yet to be heard.
Asia Bibi is a Christian wife and mother. She works in the fields for a Muslim family
and alongside other Muslim women. Her
family is one of three Christian families in their village. During a day’s work, Asia went to get water
for the women to drink. The Muslim women
refused to drink because Asia had contaminated the water by being a
Christian. That sparked a religious
debate between the Muslim women and Christian Asia Bibi.
and alongside other Muslim women. Her
family is one of three Christian families in their village. During a day’s work, Asia went to get water
for the women to drink. The Muslim women
refused to drink because Asia had contaminated the water by being a
Christian. That sparked a religious
debate between the Muslim women and Christian Asia Bibi.
At one point, Asia asked the women “Our Christ sacrificed
His life for our sins…Our Christ is alive.
What has Muhammad done for you?”
The women grabbed and beat Asia then turned her over to a group of men. These men dragged her into a locked room and
pronounced over the mosque loudspeakers that Asia Bibi’s face would be
blackened and she would be paraded through the village on a donkey.
His life for our sins…Our Christ is alive.
What has Muhammad done for you?”
The women grabbed and beat Asia then turned her over to a group of men. These men dragged her into a locked room and
pronounced over the mosque loudspeakers that Asia Bibi’s face would be
blackened and she would be paraded through the village on a donkey.
Upon hearing this, other Christians ran for the police who
rescued Asia. However, local Muslim leaders
pressured the police into charging her with blasphemy. In November 2010, Asia was sentenced to death
by hanging for blasphemy. Her attorneys
immediately filed for appeal.
rescued Asia. However, local Muslim leaders
pressured the police into charging her with blasphemy. In November 2010, Asia was sentenced to death
by hanging for blasphemy. Her attorneys
immediately filed for appeal.
The following January, two months after her sentencing, the
governor of her province was assassinated for his support of Asia. Two months after that, the only Christian
cabinet member, who had spoken of his support of Asia, was also
assassinated.
governor of her province was assassinated for his support of Asia. Two months after that, the only Christian
cabinet member, who had spoken of his support of Asia, was also
assassinated.
Asia and her lawyers have continually filed appeals. They have several avenues that they are going to attack this conviction with. But in order for them to do that, they have to be allowed to make their case before a court. This has yet to be allowed. At first, the court just delayed her appellate hearings. On May 27, 2014, Asia’s case just disappeared from the docket with no explanation. However, now the reason is clear. The courts have been ordered to make her case disappear, thus denying her the one judicious route to freedom.
Now Asia’s lawyers are looking for a legal
way to force the case to be heard. They
are also looking into the possibility of asking for an official clarification
to the President of the High Court. This
is a formal process that ensures justice is done.
way to force the case to be heard. They
are also looking into the possibility of asking for an official clarification
to the President of the High Court. This
is a formal process that ensures justice is done.
There are two avenues that the lawyers
are considering. The first is to appeal
to Section
561 of the Code of Criminal Procedure.
are considering. The first is to appeal
to Section
561 of the Code of Criminal Procedure.
“Saving of inherent power of High Court. Nothing in this
Code shall be deemed to limit or affect the inherent power of the High Court to
make such orders as may be necessary to give effect to any order under this
Code; or to prevent abuse of the process of any Court or otherwise to secure
the ends of justice.”
Code shall be deemed to limit or affect the inherent power of the High Court to
make such orders as may be necessary to give effect to any order under this
Code; or to prevent abuse of the process of any Court or otherwise to secure
the ends of justice.”
This article gives special powers to a court
in order to prevent injustices or abuses committed by other courts. The court could choose to designate the order to withhold as an abuse and the appeals process would continue. Although this would be the easiest way to move forward, it would require the courts to take a stand against the militant Muslims that are pressuring them to uphold Asia Bibi’s death sentence.
in order to prevent injustices or abuses committed by other courts. The court could choose to designate the order to withhold as an abuse and the appeals process would continue. Although this would be the easiest way to move forward, it would require the courts to take a stand against the militant Muslims that are pressuring them to uphold Asia Bibi’s death sentence.
The second is in Article 426.
(1A) An Appelate Court shall, except where it is of the
opinion that the delay in the decision of appeal has been occasioned by an act
or omission of the appellant or any other person acting on his behalf, order a
convicted person to be released on bail who has been sentenced –
opinion that the delay in the decision of appeal has been occasioned by an act
or omission of the appellant or any other person acting on his behalf, order a
convicted person to be released on bail who has been sentenced –
(a) to
imprisonment for a period not exceeding three years and whose appeal has not
been decided within a period of six months of his conviction;
imprisonment for a period not exceeding three years and whose appeal has not
been decided within a period of six months of his conviction;
(b) to
imprisonment for a period exceeding three years but not exceeding seven years
and whose appeal has not been decided within a period of one year of his
conviction; or
imprisonment for a period exceeding three years but not exceeding seven years
and whose appeal has not been decided within a period of one year of his
conviction; or
(c) to
imprisonment for life or imprisonment exceeding seven years and whose appeal
has not been decided within a period of two years of his conviction:
imprisonment for life or imprisonment exceeding seven years and whose appeal
has not been decided within a period of two years of his conviction:
Provided that the provisions of the foregoing paragraphs
shall not apply to a previously convicted offender for an offence punishable
with death or imprisonment for life or to a person who, in he opinion of the
Appellate Court, is a hardened desperate or dangerous criminal or is accused of
an act of terrorism punishable with death or imprisonment for life.
shall not apply to a previously convicted offender for an offence punishable
with death or imprisonment for life or to a person who, in he opinion of the
Appellate Court, is a hardened desperate or dangerous criminal or is accused of
an act of terrorism punishable with death or imprisonment for life.
This article allows for a suspension of the
sentence and the release of the convicted person on bail. It does not overturn a conviction or nullify
the sentence. It simply allows the
convicted person to be out of prison while awaiting their appellate decision.
sentence and the release of the convicted person on bail. It does not overturn a conviction or nullify
the sentence. It simply allows the
convicted person to be out of prison while awaiting their appellate decision.
This second avenue would allow Asia
Bibi to leave jail and hopefully return to her husband and children. Her family currently has to travel five hours
one-way to visit with her in the prison. This is in addition to watching out for their
own safety, as they have become targets of militant Muslims.
Bibi to leave jail and hopefully return to her husband and children. Her family currently has to travel five hours
one-way to visit with her in the prison. This is in addition to watching out for their
own safety, as they have become targets of militant Muslims.
Asia Bibi is facing extreme difficulty
in appealing her situation. Not only is
the court delaying her appeals and taking her case of the dockets, but her two
biggest advocates in the political arena were murdered for their support of
her. Despite all this, her supporters
are resolved to get her freedom.
in appealing her situation. Not only is
the court delaying her appeals and taking her case of the dockets, but her two
biggest advocates in the political arena were murdered for their support of
her. Despite all this, her supporters
are resolved to get her freedom.
“We will do everything in our power so
that justice is done,” said her lawyers.
that justice is done,” said her lawyers.
Show your support for Asia Bibi by
signing a petition for her release at www.callformercy.com. Asia also has a book that was ghost-written for her. It is called “Blasphemy” and I recommend it. It is an easy and quick read. She ends her book with the acknowledgment that her only chance lies in God and His people rising up in her defense. Lend your support.
FOLLOW MEsigning a petition for her release at www.callformercy.com. Asia also has a book that was ghost-written for her. It is called “Blasphemy” and I recommend it. It is an easy and quick read. She ends her book with the acknowledgment that her only chance lies in God and His people rising up in her defense. Lend your support.
