Trial
Section 295C of Pakistan's Penal Code says "whoever by the words, either spoken or written, or by visible representation, or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad shall be punished with the death sentence or imprisonment for life and shall be liable to fine." A charge under Section 295C requires that the accused be kept in custody. Pursuant to Section 295C, the police arrested Shaikh on 4 October 2000. He was held in Adyala Gaol, Rawalpindi.
In August 2001, defended by a lawyer, Shaikh went to trial. The judgement was rendered at Adyala Jail, which was under vigil by armed Islamic zealots. On 18 August, the trial judge, Safdar Hussain, ordered the death penalty as well as a 100,000 rupee fine. The judge declared, “He deserves to be hanged for making derogatory remarks against the Prophet." Shaikh is the third Muslim to be sentenced to death under Pakistan's blasphemy laws.
The International Humanist and Ethical Union, Amnesty International, Mukto-Mona and Sea of Faith launched a campaign to win Shaikh's release. Demonstrations on his behalf occurred outside the Pakistani Embassies in London, Washington, and several other western capitals.
Shaikh appealed to the High Court. There the two presiding judges differed on whether the judgement should stand. On 15 July 2002, the case went to a senior judge. On 9 October 2003, the senior judge announced that the original judgement was unsound. He ordered a retrial.
The retrial was held over three sessions in November 2003. Shaikh did not use a lawyer to defend him because of threats to his lawyers by the extremist Mullah and Pakistani Taliban; he defended himself on points of law as he had secretly studied law books during his 3 years incarceration in the Death cell. On 21 November 2003, the trial judge acquitted Shaikh on legal grounds, and ordered that he be released. Commenting on the judgement, Shaikh explained: “The judge accepted my legal arguments and found the charges against me to be baseless. My accusers, two Mullahs and some Islamist students, had lied while under the oath on the Holy Koran.” He described his ordeal as: “Islamic terrorism through the abuse of law and of the state apparatus”. Shaikh tried to sue his accusers, the mullahs and the Taliban. However, a fatwa was issued against him and he had to leave his family, friends and country.
Read more about this topic: Younus Shaikh
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