Islamabad - A division bench of Islamabad High Court (IHC) comprising Justice Noor-ul-Haq N Qureshi and Justice Shaukat Aziz Siddiqui Tuesday deferred the hearing in the Mumtaz Qadri’s appeal against his conviction in murder case of former governor Punjab Salman Taseer till Wednesday (today).
During the hearing, Qadri’s counsel Justice (Retd) Mian Nazeer Akhtar contended that Salman Taseer committed blasphemy and his murder was right as per Islamic teachings while the court counter questioned how an extrajudicial murder could be justified when there is blasphemy law in place in the country. Justice Siddiqui in the bench remarked when blasphemy law is there in the country, how a murder could be justified.
Mian Nazeer Akhtar Advocate argued before the court that the act of Mumtaz Qadri did not come under the definition of a crime. An FIR against him for murder charges and under anti-terrorism act could not be registered. His client assassinated the former Governor Punjab Salman Taseer believing that Taseer has committed blasphemy to the respect and reverence of holy Prophet (SAWW). “Keeping in view the same, my client can claim concession and the death sentence awarded to him was not right,” Advocate Nazeer Akhtar further said, adding whatever Taseer did, he got his penalty for that and the court should keep in view the fundamental rights of his client.
Justice Siddiqui in the bench inquired to the counsel to prove this murder justified in the light of Islamic teachings. Advocate Akhtar then said if a person becomes an apostate (murtad) and he doesn’t revert before three days, he doesn’t remain a follower (Ummati). Blasphemy as per Islamic teachings is a heinous crime and its penalty is murder.
Advocate Akhtar said that Salman Taseer pronounced blasphemy law as black law and he met with Aasia bibi who was incarcerated for committing blasphemy.
Taseer also wrote a letter to the President Asif Ali Zardari seeking pardon for Aasia Bibi. The said act of Taseer was disturbing for general public, Advocate Akhtar said. Former President Zardari neither forbade Taseer from issuing such provocative statements nor did he remove him from the governor’s office. “My client murdered Taseer three months after he issued such statements and believing that Taseer has committed blasphemy. What the government should have done to Taseer, my client did it. Had the incumbent government at that time had taken some action; this incident could have been avoided,” he said.
Advocate Akhtar produced some court judgements and also quotes from Islamic history books. Justice Siddiqui remarked that, “From your arguments you raised certain questions and the court wants to know their answers in the light of Islamic perspective.” Justice Siddiqui asked Qadri’s counsel to prove murder of Salman Taseer right in the light of Islam.
Justice Qureshi said, “A person was believed to be a follower (Ummati) and later you perceived him an apostate (murtad). You should have at least provided him with three days to revert.”
Mumtaz Qadri’s counsel then said that ridiculing the holy prophets is unbearable for the Muslims.
The bench observed that it was exactly for the same reason that blasphemy law was formulated and promulgated but how could an extrajudicial murder be justified? Qadri’s counsel than said that some people after coming into power starts believing themselves above the law.
The court, however, explained that it is hearing Qadri’s appeal against conviction on merit and without any prejudice.
The hearing was then put off till today (Wednesday).