A local court in Peshawar has convicted an Afghan national of blasphemy and sentenced him to death, along with a fine of Rs100,000. Additional sessions judge Rafiullah held that the prosecution had proved its case beyond reasonable doubt under Section 295-C of the Pakistan Penal Code (PPC)—the provision that deals with insulting the Holy Prophet (PBUH).
The judge said the death sentence is subject to confirmation by the Peshawar High Court. He directed that a murder reference under Section 374 of the Code of Criminal Procedure, with the full case record, be sent to the High Court at once so it can confirm the sentence or decide otherwise under the law.
What the court said
In a detailed 21-page judgment, the judge ruled that nothing on the record showed enmity, bad faith, or an ulterior motive that would suggest prosecution witnesses had falsely implicated the accused in an offence carrying the death penalty.
The court also referred to a well-known Federal Shariat Court judgment (1991 PLD FSC 10). That ruling treated contemptuous remarks about the Holy Prophet Muhammad (PBUH) and other prophets as offences. The sessions court noted the Federal Shariat Court’s view that, given the equal status of all prophets in Islamic teaching, the death penalty would apply to insulting remarks against any of them. The same judgment held that the alternative of life imprisonment then written into Section 295-C was against Islamic injunctions and directed that those words cease to have effect if the law was not amended by 30 April 1991.
Arrest, evidence and defence
Police registered an FIR at Hayatabad police station in Peshawar on 5 August 2022 under Section 295-C. According to that report, officers went to Phase-III, Flyover Hayatabad, after learning that a crowd had gathered and detained a man. He was then taken into custody.
Three eyewitnesses told police that the man, while standing on the flyover, made derogatory and abusive remarks about the Holy Prophet (PBUH). The complainant said the suspect was overpowered with help from others present. One eyewitness, a friend of the complainant who was also on the flyover, said the suspect used abusive language about prophets including Hazrat Essa and Hazrat Musa.
No private advocate was willing to defend the suspect, and he could not hire a lawyer himself, so counsel was provided through the Legal Aid Committee chaired by the district and sessions judge. The defence argued that the complainant, a permanent resident of Mardan district, and witnesses from different localities had not satisfactorily explained why they were at the scene. Counsel also said the exact words alleged were missing from the initial report and the formal FIR, and that the prosecution evidence had material inconsistencies about what was said.
The judgment recorded that the suspect was medically examined on 6 August 2022 and again the next day, and was found fit for custody both times. The judge said there was nothing on record to show a mental disorder or disability at the relevant time, and that the superintendent of Central Prison Peshawar had submitted no report of such a condition during his confinement.
Timeline: what has happened so far
- 1991: The Federal Shariat Court judgment cited in this case held that insulting remarks against any prophet attract the death penalty under Section 295-C, and set a 30 April 1991 deadline for related wording on life imprisonment.
- 5 August 2022: An FIR under Section 295-C was registered at Hayatabad police station after the suspect was apprehended at Phase-III Flyover, Hayatabad.
- 6 August 2022: A doctor examined the suspect and declared him fit for custody.
- 7 August 2022: He was examined again and again found fit.
What happens next
Under the court’s order, the complete record must go to the Peshawar High Court for confirmation of the death sentence. Until that court decides, the High Court stage remains the next formal step in the case.
Aasan alfaaz mein
Peshawar ki ek court ne ek Afghan shehri ko blasphemy ke case mein saza-e-maut aur ek lakh rupay jurmana diya hai. Yeh faisla Section 295-C ke tehat aaya, lekin ab Peshawar High Court is saza ki tasdeeq kare gi. Case August 2022 mein Hayatabad flyover par hone wali waqea se shuru hua tha. Aam logon ke liye yeh yaad dilata hai ke aisi saza seedha nahi hoti—High Court ka marhala ab aage hai.
