A/HRC/16/53/Add.1
283. According to the information received, a blasphemy case was registered under
section 295-C of the Pakistani Penal Code on 3 July 2008 (FIR no. 270/2008) at the police
station in Saddar Jhelum against Mr. Khalid Mehmood Naqash, who authored a book
entitled “Quran aur Hum”, and Mr. Muhammad Afzal, who wrote the preface of the book.
They were arrested and detained in district jail of Jhelum on charges that the publication
contained blasphemous content about Prophet Muhammad. Section 295-C of the Pakistani
Penal Code provides that “whoever by words, either spoken or written, or by visible
representation or by any imputation, innuendo, or insinuation, directly or indirectly, defiles
the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished
with death, or imprisonment for life, and shall also be liable to fine”. On 20 May 2009, the
Lahore High Court rejected the application for bail of Mr. Khalid Mehmood Naqash and
Mr. Muhammad Afzal. Their case is in the final stages and a decision is expected on 21
April 2010.
284. During the proceedings at Session Court Rawalpindi, Mr. Zafar Iqbal acted as a
witness for the defense. On 4 April 2010, around 11:00 a.m., two gunshots were fired by a
veiled person in the direction of Mr. Iqbal’s house in Mohallah Suleman Paris. On 5 April
2010, around 3:30 p.m., another four gunshots were fired at his house by two unidentified
persons. On 8 April 2010, Mr. Zafar Iqbal tried to register a First Information Report with
the District Police Officer of Jhelum, however, the police reportedly failed to do so or to
provide protection to him and his family.
285. A local religious leader, Mr. M. H. S. H., issued a fatwa on 11 April 2010, entitled
“Zafar Iqbal’s support for the person who degraded Holy Prophet (PBUH) and consequent
verdict against him”. This so-called religious verdict against Zafar Iqbal states, inter alia,
the following: “Khalid Naqash openly and repeatedly used blasphemous words. Babu
Mohammed Afzal is accomplice, friend and supporter of Khalid Naqash. Consequently
Zafar Iqbal automatically becomes accomplice of Khalid Naqash. If one is a staunch
supporter of a blasphemous person, one turns blasphemous oneself. Hence, verdict is issued
that Zafar Iqbal is an accomplice of Khalid Naqash and Babu Mohammad Afzal.”
286. Furthermore, it has been alleged that Mr. M. H. S. H. sent instructions to his
followers to kill Mr. Zafar Iqbal. Concerns have been expressed that the lives of Mr. Khalid
Mehmood Naqash, Mr. Muhammad Afzal, Mr. Zafar Iqbal and their family members are
under threat. The Special Procedures mandate holders also appealed to the Government to
ensure the rights of Mr. Khalid Mehmood Naqash, Mr. Muhammad Afzal and Mr. Zafar
Iqbal to freedom of opinion and expression and to freedom of religion or belief in
accordance with articles 18 and 19 of the Universal Declaration of Human Rights.
(b)
Response from the Government dated 23 June 2010
287. In its letter dated 23 June 2010, the Government of Pakistan responded to the joint
urgent appeal of 19 April 2010, requesting information about the alleged detention of the
two accused and the alleged life threats to a witness for the defence of the accused, on the
charges of publishing blasphemous content.
288. The Government of Pakistan informed that the matter was referred to the authorities
concerned for the necessary investigation and response. As a result of the information
received, the Government of Pakistan informed that local authorities have conveyed that
after carefully examining the content of the book, a blasphemy case was registered in
accordance with the laws of the land, under section 295 C of the Pakistani Penal Code, on 3
July 2008 in Jhelum, against the two accused on publishing blasphemous content in their
book. Both the accused were arrested and challenged to the Court of Law. The case is
pending in the court of the learned District before the Session Judge in Rawalpindi.
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