E/CN.4/2005/61/Add.1 Page 48 183. It was reported that Deewan Hashmat, (proclaimed the offender in case No. 75/03), along with his three companions, namely Mohammad Safdar, Sanaullah, and Maqsood Anjum, alias Maqsood Ahmad, killed Mohammad Bashir Jandhran, resident of Pindi Saidpur, by using firearms on 3 April 2004 and managed to escape. Deewan Hashmat was arrested in a police encounter the same day along with his three accomplices. 184. Investigation had revealed that the property of Deewan Hashmat Hayat had in fact been destroyed by fire; however, neither Deewan Hashmat Hayat nor any of his relatives pursued the case and no evidence was presented to the investigating officer. Therefore, no suspect was apprehended. For unknown reasons, the eyewitness Azmat Hayat, the brother of Hashmat Hayat, did not attend the investigation despite repeated notices. Nine accused persons, namely Mazhar Hussain, Asghar Ali, Allah Ditta, Jamshaid Khan, Mohammad Akram, Wali Mohammad, Mohanunad Saddique, Mohammad Inyat and Shah Mohammad, presented themselves for investigation and pleaded not guilty. In support of their claim they presented respected witnesses from the area who submitted affidavits on behalf of the accused persons stating that they were not guilty. In the absence of any substantial evidence none of the accused was detained. 185. The blasphemous acts of Deewan Hashmat Hayat and his companions, the murder of Mohammad Bashir Jandran, the absence of any evidence against the accused under case No. 74/03 (destruction of property of Mr. Hashmat Hayat) and the failure of Mr. Hayat to follow up the case have resulted in unrest among the local population. The Government indicated that, in view of this tense situation, the arrest of the accused under case No.74/03 had been temporarily suspended. The Government also informed the Special Rapporteur that if the complainant provided strong evidence against the accused persons, they would be arrested immediately and would be prosecuted in the light of the facts of the investigations. 186. On 27 October 2004, the Special Rapporteur sent a communication to the Government of Pakistan regarding Nasir Masih, a 26-year-old Christian, who was reportedly arrested on false charges of theft on 16 August 2004. He died three days later as a result of the torture he was subjected to while in police custody. According to the information received, Mr. Masih, from Sheikhupura, joined the celebrations for Pakistan’s Independence Day on 15 August 2004. He was allegedly severely beaten by local Muslims who had him arrested by the police on false charges of theft. It was reported that he was beaten again at the Police Station B-Division, in Sheikhupura district. He was then transferred to Saddar police station, also in Sheikhupura district, where he was allegedly tortured until he lost consciousness. On the morning of 16 August 2004, he was reportedly transferred to the District Jail of Sheikhupura. He was given no treatment for his injuries and died in prison on 19 August 2004. It was alleged that 40 Christians who sought an investigation of the police involved in the case were brutally arrested. 187. On 11 November 2004, the Special Rapporteur transmitted a communication to the Government regarding Pastor Wilson Fazal, who was reportedly assaulted and abducted in Quetta on 16 May 2004 by men in a car while he was on his way to the Pakistan Gospel Assembly Church in Bashirabad. His abductors allegedly sat on either side of him and continuously hit his head with their fists while the man sitting