E/CN.4/1995/91/Add.1
page 61
13.
As for some of the cases mentioned in the communication,
Mr. Akhtar Hamid Khan was granted bail before arrest by Chief Justice of
Lahore High Court on 14 April 1992, and his case was transferred from the
Court of District and Sessions Judge Multan to the Court of District and
Sessions Judge Sahiwal, where it is under trial.
14.
Tahir Iqbal was admitted in Central Jail, Kot Lakhpat, Lahore
on 9 December 1990, as an under trial prisoner in case FIR No. 297/90,
dated 7 December 1990, under section 295 B, Pakistan Penal Code,
for defiling the Holy Quran. The under trial prisoner died on
20 December 1992, in the Central Jail hospital, Lahore. As required
under rule 751 of Pakistan Prison Rules, a Judicial Inquiry was conducted
by a Magistrate 1st Class for determining the causes of death in jail.
The Medical Officer opined the cause of death of said prisoner as
’cardio-pulmonary arrest’. However, he was of the view that the
exact cause of death could not be determined without a post mortem.
However, the mother of the deceased did not agree to the post mortem
and insisted that the dead body of her son be handed over for burial.
15.
Gul Masih, a resident of Chak No. 46/NB, District Sargodha was
accused of having used derogatory remarks and defiling the sacred name of
the Holy Prophet. Sajjad Hussain s/o Rahim Bakhsh (complainant) resident
of the same village reported the matter to the Police Station, Satellite
Town, Sargodha and a Criminal Case under section 259 C, Pakistan Penal
Code was therefore registered against accused Gul Masih. After
investigation by police, the case was tried by the Court of Additional
District and Sessions Judge, Sargodha. Mr. Gul Masih was found guilty
and sentenced to death along with a fine of Rs 5,000. However, death
sentence was not confirmed by the High Court. Presently his appeal is
pending in the Lahore High Court.
16.
It may be mentioned that Gul Masih was convicted by the Court of
Additional District and Sessions Judge, Sargodha, after due process of
law and in accordance with the provisions of the penal laws of the land.
All citizens of Pakistan, irrespective of their religious beliefs, are
subject to the same law, and are treated equally in accordance with the
laws of the land.
17.
As for the case of Salamat Masih, Rehmat Masih and Manzoor Masih,
as reported by the Punjab Government, Salamat son of Allah Ditta is an
accused in Case FIR No. 56/93 U/S 295-C Police Station Ladha, District
Gujranwala. Salamat Masih accused along with co-accused M/S Rehmat Masih
S/O Nanak Masih and Manzoor S/O Noor Masih were seen writing blasphemous
inscriptions on the wall of a mosque in village Ratta Dhotran. The
eye-witnesses include the Pesh Imam of the Mosque and two other persons
of the locality, one of whom lodged an FIR at the Police Station Ladha.
After preliminary investigation, the Police arrested the three accused
persons and proceeded in the matter in accordance with the laws of the
land. The accused were found guilty during investigation by Police and
the case, therefore, was sent up for trial in the Court of Additional
District and Session Judge, Gujranwala.