A/HRC/13/40/Add.1
(b)
Responses from the Government dated 17 August 2009 and 8 February 2010
197. The Government of Pakistan in its letter dated 17 August 2009 provided the
following detailed and up-to-date information regarding investigations, arrest and other
inquiries carried out in relation to the above mentioned case. On receiving a written
application from a resident of village no. 172/TDA a First Information Report was lodged
against Mr. I. A., Mr. Tahir Mehmood, Mr. Tahir Imran, Mr. N. A. and Mr. Mubashir
Ahmad under section 295-C of the Pakistani Penal Code.
198. Initial investigations of the case were conducted by Sub-Inspector of Police, Mr.
Muhammad Afzal, who was in charge for investigation of police station in Kot Sultan. He
carried out an on the spot inspection and recorded the statements of eight witnesses under
section 161 of the Criminal Procedure Code. All the witnesses supported the complainant.
Subsequently, police arrested four out of the five accused, namely Mr. I. A., Mr. Tahir
Mehmood, Mr. Tahir Imran and Mr. N. A. and produced them in the court of law on 29
January 2009. Two days of physical remand of the accused were given by the court of Illaqa
Magistrate.
199. As required under section 156-A of the Criminal Procedure Code, a blasphemy case
has to be investigated by an officer not less than the rank of Superintendent of Police (SP).
Since no SP investigation was posted in that district, the subject investigation was entrusted
to Mr. Pervaiz Tareen, SP Investigation Rajanpur by the Regional Police Officer of DG
Khan. On 30 January 2009, Mr. Pervaiz Tareen inspected the site and investigated the
complainants and the witnesses. He also arrested the fifth person, namely Mr. Mubashir
Ahmad and obtained his physical remand for two days of Illaqa Magistrate. In order to
verify the initial investigation of the case, he also interrogated the four accused who had
already been arrested. Further physical remand of the accused for four days until 3 February
2009 was also obtained from the court. All the five accused were sent to judicial remand on
4 February 2009. A charge sheet against all the accused was prepared and sent to the court
of law for judicial verdict. The accused submitted their bail application in the Court of
Additional District and Session Judge Layyah, which was cancelled on 13 June 2009. On 7
July 2009, all the accused obtained “after arrest bail” from the Court of Mr. Justice Pervaiz
Inayat Malik, Judge of Lahore High Court, Multan Bench, Multan.
200. The Government indicated that strict adherence to the laws of the land was observed
throughout the proceedings of this case. The accused were arrested after registration of a
First Information Report by the complainant and production of evidence by witnesses
against them under section 295-C of the Pakistani Penal Code. Subsequently, the accused
were produced before the court of law and their physical remand was given by the
competent court of law. The Government added that, as required under section 156-A of the
Criminal Procedure Code, the investigation of this blasphemy case was conducted by an
officer not less than the rank of Superintendent of Police, SP Rajanpur.
201. In its letter dated 8 February 2010, the Government of Pakistan indicated that all the
accused were granted “after arrest bail” by the Lahore High Court, which also ordered
medical examination of four of the accused from Nishtar Hospital, Multan, to fix their age.
On 3 November 2009, the Court examined the medical reports of the four individuals,
declared them less than 18 years and directed the police to put up new challans of the
accused separately. In compliance with the order of the Court, the concerned police
department prepared and submitted appropriate supplementary challans in the Court of
Law. The Government indicated that the case was sub judice in the court of Mr. Mian
Muhammad Qasim, the learned Additional District and Sessions Judge, Multan.
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