By Sheraz Khurram Khan

LAHORE, PAKISTAN — A mentally challenged Pakistani Christian man who was convicted and sentenced to life imprisonment by a lower court on blasphemy charges in 2004, was acquitted by Lahore High Court on Friday, January 19, 2007. Khalil Tahir, defense counsel of Shahbaz Masih, told ANS about the acquittal of Masih in an exclusive interview on Friday.

Shahbaz Masih was an escapee from Government hospital for psychiatric diseases in Lahore, Pakistan. He was admitted to the hospital on August 23, 2000 after being diagnosed with Bipolar Effective Disorder. He fled from the hospital on September 4, 2000.

But a trouble of a more horrific magnitude was awaiting him as he was charged with torching pages of the Quran, the Muslim holy book, by a prayer leader of the Imam Masjid Mosque, Qari Muhammad Rafique, a resident of 8, Ismail Park Street, Faisalabad.

The complainant wrote in the application that he submitted to the Police Station on Sargodha Road, Faisalabad, that he was teaching the Quran to students at the mosque when he heard the voices from the nearby graveyard. The complainant went on to say in his application that, as he came out of the mosque with two Muslim men named Muhammad Jamil and Muhammad Ali, they saw that Masih was trampling upon pages of Quran and was throwing them on the graveyard after having torched them.

The Police First Information Report (FIR) number 315/2001, under section 295-A and B of Pakistan Penal Code, was lodged at the police station and, as a consequence, Masih was arrested on June 4, 2001.

The Muslim cleric along with Muhammad Jamil and Muhammad Ali, the prosecution witnesses handed over the cross-wearing Masih to police after subjecting him to a thrashing.

The defense counsel of the acquitted Christian told ANS that Muhammad Sajad, Sub-Inspector of Police, partially investigated the case and sent Masih to the District Jail at Faisalabad after challenging him.

Khalil Tahir disclosed that Masih was kept in isolation cell. He said that the beating he had received concerned police officials who felt it was unjust that a man of unsound mind was kept in the isolation cell. He said Masih was tried in the court of Additional District and Sessions Judge for Faisalabad, Muhammad Shahid Rafique. After a lengthy cross-examination during the court proceedings, the Christian advocate of Lahore High court said he was able to establish that statements of the prosecution witnesses were contradictory.

He maintained that he also produced before the court Shahbaz Masih’s certified certificate from the hospital where he was undergoing treatment before he fled, had left no doubt on his being psychiatrically disordered.

He said he was hugely disappointed when the Additional District and Sessions Judge convicted and sentenced Shahbaz Masih to life imprisonment on September 25, 2004 despite the fact, he said, “That I had produced in the lower court, Dr. Pervez Ahmad, consultant psychiatrist from Punjab institute of mental health in Lahore, who stated on oath in the court of Shahid Rafique Additional Sessions Judge Faisalabad on January 17, 2004 that Shahbaz Masih was a genuine patient of Bipolar Effective Disorder…” The doctor, Khalil said, gave his statement as defense witness.

Advocate High Court and Executive Director Adal Trust, Khalil Tahir

Khalil Tahir who also happens to be the director of the Adal Trust (Action Against Discriminatory Laws) told ANS that he had been defending the marginalized people pro bono since 1997. He further told this correspondent that the verdict of the Judge was also in contravention of the article 84 of Pakistan Penal Code that, he said, says that a person of unsound mind could not be convicted.

Tahir also said that the verdict of the judge must have been influenced by the presence of hundreds of fanatic Muslims in and outside the court premises. Most of them, who maintained their menacing presence outside the court, he said, were armed.

When asked if the sentence of life imprisonment to his client by the lower court ever dented his morale, the lawyer responded that though it came as a shocking judgment to him, he was confident that Shahbaz Masih would be acquitted by the High Court.

He lodged an appeal in the Lahore High Court under section 410 Criminal Procedure Code against the impugned judgment and he pleaded in the appeal that the judgment be set aside and the falsely accused Shahbaz Masih be acquitted of the charge. The criminal appeal no was 1599/2004, he said.

That appeal was entrusted to Justice Muhammad Ejaz Ahmad Chaudhry ; Justice of the Lahore High Court, and January 19, 2007 was fixed as the date of the hearing.

Director ADAL Trust, Khalil Tahir Christian Lawyer, seen with then Madam High Commissioner to UN, Ms. Mary Robinson at Geneva Switzerland

A jubilant Khalil Tahir told ANS that, after hearing his arguments, the Judge of the High Court accepted the appeal and set aside the impugned judgment of Lower court and acquitted Shahbaz Masih "honorably" on January 19, 2007.

Masih’s elder brother, Ishfaq, while talking to this correspondent by phone, said that the time for his brother as well as for his family after the blasphemy charges were leveled against him, has been “trying.” He said that he, and the rest of his family members, have been living in a grip of fear and uncertainty. When asked to give details he said that fanatic bearded Muslims would follow him when he would go to attend the court hearings.

“One day two bearded men chased me as I was about to board a bus,” he said. “When I sensed that they were following me, I decided against boarding that bus and instead waited to board in another bus. My fears were realized when I saw those men standing closer to me.”

Asked if they ever harmed him physically, he replied in the negative, but added that it would give him agonizing tension. “My mother, who he named Shamim, had a poor eye sight and became mentally sick after arrest of Shahbaz Masih. She was scared and she was always asking when Shahbaz would come home.”

In order to console her sick mother, Ishfaq said he would try to make her feel good by telling her that Masih (Shahbaz Masih) was in hospital and he would take her to visit him.

Ishfaq maintained that all of his family members, including himself, were very happy at the honorable acquittal of Shahbaz Masih. He said what marred their happiness was the fact that their mother had become “mentally lopsided.”

He said he and his family still sensed fear from the radical Muslims. They could still make an attempt on Shahbaz life though the court has freed him, he feared.

“I am thankful to God and to Advocate Khalil Tahir and all those who helped us in our difficult time”, said Ishfaq.

The Lawyer’s work brought threats on him

The executive director of Adal Trust, Khalil Tahir Sandhu told ANS he established the trust in 1997. He alleged he has been receiving threats since 2001.

He alleged that telephonic threats were also given to his spouse. Narrating problems he faced at that critical and stressful juncture of his life he said security was provided to him for three months and his children suffered educational loss as they did not go to school fearing any possible untoward eventuality.

When asked why he did not stop defending blasphemy accused in the face of threats Khalil said : “I will not discontinue my work even if I have to sacrifice my life. This is my commitment with my Lord”, he vowed.

He said hurling of threats on him also continued when he was defending Ranjha Masih, a Pakistani Christian who was accused of blasphemy and was acquitted by High Court on November 10, 2006.

He said he also received threats from some fundamentalist Muslims during the trial of a Christian boy, Anjum, who he said had died from the five day long torture on the boy by his captors.

Pakistan Blasphemy Laws condemned Terming Pakistan blasphemy laws as draconian and blasting other discriminatory laws, Khalil Tahir urged the international community and international human right concerns that they should take up these issues with Pakistan government to ensure repeal of all black discriminatory laws which he said were being widely misused against the lowest of low in Pakistan.

Quran study gives Muslim students cutting edge

He said Muslim students who memorize Quran, Muslim holy book, by heart are entitled to award of 20 additional marks. He said this comes as a huge disadvantage to Christian students who do not have any such option of passing a Bible Study Test to claim the 20 marks. He maintained that when it comes to getting admission in educational institutions for higher studies the Christian students often fail to make to the merit lists due to this reason. He called upon concerned authorities to look into the matter and allow passing of Bible Study course to Christian students so that they could also claim additional 20 marks.

Khalil dubbed it as systematic discrimination to which he said Pakistani Christian students were exposed to. It is about time that it drew to its end, he stressed.

Christian prisoners are discriminated against The executive director of Adal Trust pointed out that while Muslim prisoners get six month remission in their sentence passing some Quran study test while no such option was available for Christian prisoners. The concerned authorities he said should also let them (Christian prisoners) have six month remission in their sentence by studying Bible, he remarked.

Objecting to Article 17 of Evidence Act of the constitution of Pakistan he said according to the article the evidence of a female is considered half. Why a woman’s evidence is considered half when she gives birth to a “full evidence,” questioned Khalil, implying that she is the one who gives birth to male children.

Khalil said if he were a Supreme Court Lawyer he would have lodged writ petitions in the Supreme Court seeking award of 20 additional marks to Christians students on qualifying a bible study test and remission of six months in sentence of Christian prisoners on qualifying a Bible study test.

However, he said the writs could be lodged in the Apex court of Pakistan but for that to materialize he said Adal Trust needed prayers and financial support, saying the Muslim lawyers demand hefty fees.