Faisal Mosque, Islamabad, Pakistan. (Alimrankdev, Creative Commons)
Lahore, Pakistan (Christian Daily International–Morning Star News ) — A Pakistani anti-terrorism court on Saturday (June 29) sentenced a Christian to death for allegedly sharing a “blasphemous” video on a social media platform despite insufficient evidence, his lawyer said.
Sahiwal District Anti-Terrorism Judge Ziaullah Khan sentenced 27-year-old Ehsaan (nicknamed “Shan”) Masih under Section 295-C of the Pakistan Penal Code, which carries the death penalty, for blaspheming Islam’s Prophet Muhammad.
Masih’s lawyer, Khurram Shazad Maan, said in his testimony that Masih categorically denied creating or posting blasphemous content on social media.
“Police recovered Masih’s mobile phone from his home and sent it to the Punjab Forensic Science Authority (PFSA) for testing,” Maan told Christian Daily International Morning Star News. “The PFSA report concluded that no blasphemous content was found on the accused’s mobile phone or TikTok account.”
According to his lawyer, the complainant against Masih was a police officer and all the prosecution witnesses were also police officers.
“Despite the lack of direct evidence against Masih, the court relied on the testimony of prosecution witnesses and sentenced him to death. This is a gross miscarriage of justice,” Maan said.
Masih was also sentenced to 10 years imprisonment under Section 295-A of the Penal Code for blasphemy, and convicted under Section 11 of the Prevention of Electronic Crimes Act (PECA) and Section 7(1)(g) of the Anti-Terrorism Act, for which he was sentenced to seven and five years imprisonment respectively.
Sahiwal police arrested Masih on August 19, 2023, for sharing a video on his TikTok account containing a letter whose alleged blasphemous content infuriated Muslims and sparked the Jaranwala riots on August 16.
Maan said a first information report against Masih was initially registered under sections 295-A and 295-B (defiling the Quran) of the blasphemy law, along with sections related to electronic crimes and anti-terrorism.
“Section 295-C, which carries the death penalty for insulting the Islamic Prophet Muhammad, was added later at the urging of the prosecutor,” he said. “It is absurd to implicate Masih under Section 295-C because he has not said or written anything insulting to the Prophet Muhammad. He has only been accused of sharing a letter that was deemed blasphemous.”
The lawyer said the case was clearly “without evidence” and therefore a harsh sentence was unjustified.
“It is true that the letter in question was circulating on social media because of the Jaranwala incident but it was not written by Ehsaan Masih,” he said. “Also, no one has witnessed him uploading or sharing the controversial letter on his social media accounts.”
The Legal Aid Agency arranged for Maan to provide legal assistance to Masih, a poor brick kiln worker.
“We are devastated by the verdict,” Masih’s brother, Yousaf Masih, told Christian Daily International Morning Star News. “But we have faith that the Lord will open the way for our brother’s freedom. We are looking for a competent lawyer to challenge the verdict in the Lahore High Court.”
He said the family belongs to the United Reformed Presbyterian Church in Sahiwal.
Lawyer Akmal Bhatti, representing the Pakistan Alliance for Minorities (MAP), said there were glaring loopholes in the ruling.
“Though the witnesses were all police officers, the prosecution failed to produce any concrete evidence to support the charges,” Bhatti said. “The witnesses have gone on record to state that the video was neither made in their presence nor shared on social media.”
Even if Masih had shared the video without thinking about the consequences, he should have been prosecuted under the PECA Act at most, Bhatti said.
“It is true that he has not spoken or written anything insulting to the Prophet of Islam, nor has he committed any terrorist act, so it would be unjust to convict him under these articles,” Bhatti said.
The MAP chairman also criticised the police for adding terrorism charges to the blasphemy cases.
“This is being done mainly due to pressure from Islamic extremist groups, targeting minority communities, especially Christians,” he said.
He stressed that higher courts must take note of the harsh sentence and the shortcomings of the prosecution and accept Masih’s appeal.
Bishop Azad Marshall, chairman of the Pakistan National Council of Churches, also criticised the verdict.
“The video in question has been circulating widely on social media since August 16, 2023, and was also present on the mobile phones of several Muslim individuals, including police officers,” Marshall said. “Does this make all of these people blasphemers? Absolutely not.”
Marshall said the excessive sentences also justify Christian concerns that blasphemy suspects cannot expect justice from the courts.
“In more than 90 percent of blasphemy cases, trial courts find defendants guilty even when there is no evidence against them,” he said. “This is due to fear and pressure from religious groups. Our judges do not understand the pain that victims have to endure for years in prison until a higher court dismisses the case for lack of evidence.”
At the same time, he said, the same courts are also willing to grant bail to perpetrators of religiously motivated violence.
“In the Jaranwala case, only a few are expected to be brought to trial as most of those who attacked churches and Christian homes have been granted bail,” he said. “Such discrimination in the administration of justice does not bode well for the country.”
On August 16, mobs attacked several Christian buildings in Jaranwala, looting more than 20 churches and destroying at least 100 homes after two Christian brothers were falsely accused of blasphemy. The brothers were later cleared of the blasphemy charges by an anti-terrorism court in Faisalabad. Police said the brothers were framed by other Christians who had a personal grudge against them.
Police have registered 22 cases under the Pakistan Penal Code and the Anti-Terrorism Act and arrested over 100 people in connection with the Jaranwala riots, but no convictions have been made so far.
Pakistan retained its seventh place ranking as the most difficult place to be a Christian in Open Doors’ 2024 World Watch List.
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- Faisal Mosque, Islamabad, Pakistan. (Alimrankdev, Creative Commons)
