E/CN.4/1995/91/Add.1
page 58
against Gul Masih under section 295 C of the Penal Code of Pakistan.
After investigation by the police, the case was tried by the judge of the
Sargodha Court of Additional District and Session. Mr. Gul Masih was
found guilty and sentenced to death, and also fined Rs 5,000. However,
the death sentence was not confirmed by the High Court. The accused has
appealed to the Lahore High Court.
2.
It may be mentioned that Gul Masih was convicted by the judge of
the Sargodha Court of Additional District and Session after due process
of law and in accordance with the provisions of the penal laws of
Pakistan. All citizens of Pakistan, irrespective of their religious
beliefs, are subject to the same laws and are treated equally in
accordance with the laws of the land."
21.
On 14 February 1994, the Government of Pakistan sent the
Special Rapporteur its comments on the above-mentioned communication
of 8 November 1993 (see para. 19):
"1.
The following articles of the Constitution of Pakistan safeguard
the interests of the minorities in the country:
Article 20
Subject to law, public order and morality, every citizen shall have
the right to profess, practise and propagate his religion and to
establish, maintain and manage religious institutions.
Article 21
No person shall be compelled to pay any special tax the proceeds of
which are to be spent on the propagation or maintenance of any
religion other than this own.
Article 22
(1)
No person attending any educational institution shall be
required to receive religious instruction, or take part
in any religious ceremony, or attend religious worship
if such instruction/ceremony or worship relates to a
religion other than his own.
(2)
In respect of any religious institution there shall be
no discrimination against any community in the granting
of exemption or preferential treatment in relation to
taxation.
(3)
(a)
Subject to law, no religious community or
denomination shall be prevented from providing
religious instructions for pupils of that
community or denomination in any educational
institution maintained wholly by that community or
denomination; and