Siblings acquitted in blasphemy case after 20 years

The Supreme Court of Pakistan has acquitted two brothers in a blasphemy case under Section 295-C of the Pakistan Penal Code (PPC), overturning their death sentences that had been upheld by the Lahore High Court (LHC) over a decade ago. The case against Liaqat Ali and Umar Draz dates back to March 27, 2006, when they were convicted by a sessions judge in Jhang and sentenced to death, along with a fine of Rs500,000 each and five years’ rigorous imprisonment in default.

Their conviction was based on allegations that they had made explicit blasphemous statements, leading to a marital dispute that culminated in their divorce on March 13, 2006. In court, both brothers admitted to writing blasphemous documents but maintained that they were mentally unsound at the time of the alleged offence. After reviewing three psychiatric assessments, the Supreme Court examined opinions from three medical boards, ultimately concluding that both brothers were suffering from bipolar disorder.

The court emphasized that the brothers' condition, diagnosed as "bipolar disorder current episode manic," was likely permanent and had an absent insight into their actions at the time. The Supreme Court stated that the overwhelming medical evidence casts reasonable doubt on the defendants' culpability, and therefore, they should be acquitted.

Justice Ishtiaq Ibrahim authored the main judgment, while Justice Shakeel Ahmad concurred and added a note of caution. Justice Ahmad acknowledged the medical evidence but stressed that legal insanity, as mandated by Section 84 of the PPC, requires more than mere mental illness. He noted that the key question is whether the accused, at the time of the offence, lacked the capacity to understand their actions were wrong or contrary to the law.

The court also encouraged the executive director of the Punjab Institute of Mental Health, Lahore, to ensure that the brothers' medical treatment was not discontinued.