- FIR was registered in September, 2013
- Prosecution presented 11 witnesses
- Although the woman's lawyer argued that she was of unsound mind, the Punjab Institute of Mental Health had declared that she was fit to stand trial
A Muslim woman was awarded death penalty by a district and sessions court on Monday over a blasphemy charge under Section 295-C of the Pakistan Penal Code (PPC).
Additional District and Sessions Judge Mansoor Ahmad Qureshi wrote in his 22-page verdict that, “It is proved beyond reasonable doubt that accused Salma Tanveer wrote and distributed the writings which are derogatory in respect of Holy Prophet Muhammad (PBUH) and she failed to prove that her case falls in exception provided by section 84 of PPC.”
Section 84 is related to offences committed by a person of an unsound mind.
An FIR had been registered by Nishtar Colony police September 2, 2013 against the woman on the complaint of Qari Iftikhar Ahmad Raza, a prayer leader of a local mosque.
The woman, who was an owner and principal of a private school, was accused of distributing photocopies of her writings wherein she denied the finality of prophethood and claimed herself as a prophet.
Her lawyer had argued that his client was of unsound mind at the time of the incident. He said a magistrate had ordered mental examination of the woman, which was not done.
The defence counsel further argued that the comparison of writing from photocopies was not possible, as these copies could have been tampered with.
A state prosecutor, who was also the counsel for the complainant, told the court that the prosecution had proven its case on the basis of oral and documentary evidence.
She said the suspect failed to prove that at the time of writing and distributing blasphemous material she was incapable of knowing the nature of her act. As many as 11 witnesses were presented by the prosecution, including the complainant and police officials.
The judge, after going through the statements of the witnesses and their cross examination, remarked that the evidence provided showed beyond reasonable doubt that the suspect wrote and distributed the writings attributed to her.
The judge noted that a report of a medical board of the Punjab Institute of Mental Health had termed the suspect fit to stand trial.
The judge remarked that the record showed that the woman was running her school single-handedly till her arrest. Therefore, the woman could not be stated to be suffering from legal insanity.
The judge, after going through the statements of the witnesses and their cross examination, remarked that the evidence provided showed beyond reasonable doubt that the suspect wrote and distributed the writings attributed to her
However, the judge remarked that the suspect was not free from abnormality, otherwise, she would not have written and distributed such derogatory material.
“The question, however, that arises for consideration is whether in law such abnormality can be treated as sufficient to exculpate the accused for the serious crime committed by her, even though it falls short of legal insanity,” the judge said.
The judge ruled that the law in the country did not recognise such lesser forms of mental abnormality and the plea of diminished responsibility was not available as a defence in a criminal prosecution.
The verdict found beyond any doubt that the suspect woman wrote and distributed the derogatory writings and failed to prove that she suffered from mental illness.
“The convict Salma Tanveer is sentenced to death and fine Rs50,000 under Section 295-C of the PPC,” said the verdict.