E/CN.4/1995/91
page 75
emanate not from the law itself but sometimes on account of misuse or
abuse of this provision of law through the registration of false,
baseless and frivolous cases.
17.
Only about 26 cases were registered under section 295 C from
October 1986 till October 1993. Another three cases were registered
under this section from October 1993 till 31 May 1994. The majority of
these cases, i.e. 18, were registered in the province of Punjab, 7 in the
province of Sind and 4 cases in the Frontier province. Out of these
cases conviction has been pronounced in three only. The sentence of
death has been handed down to two persons only, one Christian and one
Muslim. Appeals against the convictions are pending in the High Court of
Lahore. Not a single sentence of death has been carried out in any case.
18.
The Government is determined to thwart any attempts to spread
ethnic and religious intolerance and frenzy. It is the objective of the
Government to establish a liberal, moderate, tolerant and progressive
society. The Government, realizing that some extremist elements are
attempting to misuse or abuse the law, has decided to amend section 295 C
as follows:
(a)
The offence under section 295 C is proposed to be made a
non-cognizable offence, which means that an ordinary police officer will
not be entitled to register a case. Instead a case will only be
registered under orders of a court if it is satisfied that prima facie
evidence exists in support of the complaint.
(b)
If a complaint is found to be false and frivolous, the
complainant will be liable to be punished with imprisonment of seven
years.
19.
The Government of Pakistan has already discussed these proposed
amendments with the representatives of the minorities, as well as with
Muslim religious parties in and outside the Parliament. Generally, the
Government has received a favourable response to these proposed
amendments from most of the concerned organizations. The Government
intends to move a proper bill in this regard in the National Assembly in
the near future.
20.
The Government of Pakistan sincerely believes in upholding human
rights. Realizing the importance of human rights, a cell to monitor
violations of human rights has been established in the Federal Government
for the first time in the history of Pakistan. The cell is headed by a
human rights activist. Any violation of human rights which is brought to
its notice is investigated and the victims are provided with the
necessary relief and the culprits are punished, whether they be ordinary
citizens or members of the local administration. In particular, cases of
violence against women, children and minorities are strictly checked and
investigated.
21.
In recent years a new concept has developed in Pakistan’s judicial
system, namely, the concept of ’public interest litigation’. The
judiciary responded to the demands of society and, in a conscious effort