ISLAMABAD: The Supreme Court on Monday set aside the high court’s decision to award life imprisonment to one, Khuda Bakhsh, for burning pages of the Holy Quran and throwing them in a nullah.
A three member bench, headed by Justice Asif Saeed Khosa and comprising Justice Dost Muhammad Khan and Justice Sardar Tariq Masood, took up the case for hearing, subsequently acquitting Bakhsh and ordered for his release.
During the course of the hearing, advocate Shakil Ahmad, appeared in the court on behalf of the accused while Balochistan Additional Prosecutor General Tahir Khattak assisted the court.
Justice Asif Saeed Khosa, while expressing concern over the judgments of the high court and trial court remarked, “Lower courts have done this when neither the allegations were proved against the accused nor was evidence seen.”
He added that, “Life imprisonment was awarded without seeing and hearing. As per law punishment is awarded after the offence is proved according to law. The allegation of burning the Holy Quran could not be proved against the accused. This was also not proved if the accused had burnt the Holy Quran or otherwise.”
He further remarked that Quranic verses were published on newspaper pages, asking if anyone had an idea where they went after they are read.
Justice Khosa added that the suspect, who had spent four years and eight months in jail, would be asked on the Day of Judgment what his fault was.
Justice Dost Muhammad said, “Many other things are also written in Arabic, may be the suspect has burnt something else.”
He further said, “If pages of the holy Quran become old it is said in several areas of the country that they be burnt and in several areas it is said that they be thrown in water. May be the accused has learnt from his elders that the pages be burnt. Acting upon this method, he may have burnt old pages of the Holy Quran. Awarding life imprisonment without seeing or hearing the accused is not correct.”
He added, “How much heavily suffers the family of the person who spends 25 years of life in jail despite being innocent in the case. Has anyone thought about it? There is no room in our religion for those who are involved in desecrating the holy Quran but an innocent cannot be awarded life imprisonment merely on the basis of allegation.”
Justice Dost remarked that government should make a policy regarding used newspapers so that verses of the Holy Quran were not desecrated.
