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Appeal to the Honourable Supreme Court of Pakistan

Pakistan: December 07, 2010, (PCTV Newsdesk)

In the Honourable Supreme Court of Pakistan

Miscellaneous Appeal No.-----------/2010

Yunis Khushi Appellant

Versus

1. The State Respondent No.1

2. Extremist religious and political leaders of Pakistan Respondent No.2

APPEAL FOR TAKING A SUO MOTO ACTION AGAINST BLASPHEMY CASE AGAINST AASIA BIBI AND OTHER VICTIMS OF BLASHPHEMY CHARGES, FILING UP CASES OF TERRORISM AGAINST CULPRITS RESPONSIBLE FOR BURNING OF SHANTI NAGAR VILLAGE, GOJRA, AND SANGLA HILL, AND MURDERERS OF FANISH MASIH AND OTHER CHRISTIANS, WHO WERE KILLED ON CHARGES OF BLASPHEMY, AND FOR CURBING POWERS OF THE EXTREMIST RELIGIOUS LEADERS SO THAT ISLAM AND PAKISTAN COULD BE LIBERATED FROM THE CLUTCHES OF THESE SO CALLED RELIGIOUS SCHOLARS, AND KILLING OF INNOCENT CHRISTIANS COULD BE BROUGHT TO AN END.

Respectfully Sheweth:

A. On Laws:

A.1 Constitutional Provisions relating to equality and rights of citizens:

Preamble of the Constitution of Pakistan:

Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed;
Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Qur’an and Sunnah;
3. Wherein adequate provision shall be made for the minorities freely to profess and practice their religions and develop their cultures;
Article 9. Security of person.

(a) No person shall be deprived of life or liberty save in accordance with law.

(b) Article 10A. Right to fair trial:

(c) For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.]

(d) Article 14. Inviolability of dignity of man, etc.

(2) The dignity of man and, subject to law, the privacy of home, shall be inviolable.

(3) No person shall be subjected to torture for the purpose of extracting evidence.

Article 20. Freedom to profess religion and to manage religious institutions.

(a) Subject to law, public order and morality:-

(b) every citizen shall have the right to profess, practice and propagate his religion; and

(c) every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.

Article 25. Equality of citizens.

(1) All citizens are equal before law and are entitled to equal protection of law.

(2) There shall be no discrimination on the basis of sex.

(3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.

Article 27. Safeguard against discrimination in services.

(1) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth.

Article 36. Protection of minorities.

(a) The State shall safeguard the legitimate rights and interests of minorities, including their due representation in the Federal and Provincial services.

Article 37. Promotion of social justice and eradication of social evils.

(a) The State shall:

(a) promote, with special care, the educational and economic interests of backward classes or areas;

(b) remove illiteracy and provide free and compulsory secondary education within minimum possible period;

(c) make technical and professional education generally available and higher education equally accessible to all on the basis of merit;

(d) ensure inexpensive and expeditious justice;

(e) make provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment;

(f) enable the people of different areas, through education, training, agricultural and industrial development and other methods, to participate fully in all forms of national activities, including employment in the service of Pakistan;

(g) prevent prostitution, gambling and taking of injurious drugs, printing, publication, circulation and display of obscene literature and advertisements;

(h) prevent the consumption of alcoholic liquor otherwise than for medicinal and, in the case of non-Muslims, religious purposes; and

(i) decentralise the Government administration so as to facilitate expeditious disposal of its business to meet the convenience and requirements of the public.

A-2. Anti-Terrorism Act 1997:

Definition and Prosecution of Terrorist Acts:

Anti Terrorism Act of 1997 defines terrorism as the use or threat of action that:

• causes death or is likely to endanger a person’s life;

• Involves grievous violence against or harm to a person;

• Grievously damages to property;

• Incites hatred and contempt on religious, sectarian or ethnic basis to stir up violence or cause internal disturbance;

• Involves any form of mischief to spread panic;

• Involves firing on religious congregations, mosques, churches, temples and all other places of worship;

• Creates a serious risk to safety of the public or is designed to frighten the general public and disrupts civic life;

• Involves burning of vehicles or any other serous form of arson;

• Involves extortion of money or property;

• Seriously interferes with communication systems;

• Involves coercion or intimidation of a public servant in order to force him to discharge or to refrain from his lawful duties;

B. Islamic Teachings about tolerance:

Qur’an says: “To you be your religion, to me be mine.”
The Qur’an and Hadith clearly command the Muslims to refrain from insulting even the false gods of others lest others insult the true God of Muslims.
“Whoever kills a person who has a truce with the Muslims will never smell the fragrance of Paradise.” (Saheeh Muslim)[1]
“Beware! Whoever is cruel and hard on a non-Muslim minority, or curtails their rights, or burdens them with more than they can bear, or takes anything from them against their free will; I (Prophet Muhammad) will complain against the person on the Day of Judgment.” (Abu Dawud)[2]
“This is a message from Muhammad ibn Abdullah, as a covenant to those who adopt Christianity, near and far, we are with them. Verily I, the servants, the helpers, and my followers defend them, because Christians are my citizens; and by God! I hold out against anything that displeases them. No compulsion is to be on them. Neither are their judges to be removed from their jobs nor their monks from their monasteries. No one is to destroy a house of their religion, to damage it, or to carry anything from it to the Muslims’ houses. Should anyone take any of these, he would spoil God’s covenant and disobey His Prophet. Verily, they are my allies and have my secure charter against all that they hate. No one is to force them to travel or to oblige them to fight. The Muslims are to fight for them. If a female Christian is married to a Muslim, it is not to take place without her approval. She is not to be prevented from visiting her church to pray. Their churches are declared to be protected. They are neither to be prevented from repairing them nor the sacredness of their covenants. No one of the nation (Muslims) is to disobey the covenant till the Last Day (end of the world).”[3]
The two verses (2:255-256) of the Qur’an are supplementary. Where there is that realization of the majesty and dominion of Allah (SWT), there is no compulsion in religion. Men choose their path - allegiance or opposition - and it is sufficient punishment for those who oppose that they draw further and further away from the light of truth.
Holy Qur’an says, "There shall be no compulsion in religion" (2:256).
Both Holy Bible and Holy Qur’an say that God Almighty created every human being in His own image and not the people of any particular faith.
God Almighty, in Sura Bani Israil of Qur’an, tells every Muslim to uphold the dignity of every human being because human dignity is an inalienable right given to every human being by God Almighty.
Holy Prophet Muhammed (PBUH) has declared the dignity of human life much more as compared to even Ka’aba.

C. ON FACTS:

The Blasphemy cases against Aasia Bibi, a poor Christian woman from Attanwali village, Nankana Sahib, District Sheikhupura, has once again revealed the vulnerability of religious minorities in Pakistan, and particularly of Pakistani Christians.

The fact of the matter is that first Aasia Bibi was insulted as a person and as a Christian, and derogatory remarks were passed against her faith by her fellow Muslim female co-workers, who belonged to the same social and economic strata that of Aasia Bibi. Now the extremist religious leaders have terrorised the family of Aasia Bibi and whole of the Christian so much by threatening to kill Aasia Bibi that her family had to go in hiding to save their lives.

Recently, a Christian couple has been sentenced to 25 years imprisonment on charges of touching Qur’an without washing their hands. The case was, reportedly, filed by a Muslim neighbour of the Christian couple for taking revenge over some minor dispute.

A few months ago, two Christian brothers were killed on the premises of the District Courts, Faisalabad. The murderers of these two Christian brothers were instigated by a Mullah, who wanted to grab the property of those two deceased Christian brothers.

Before that Fanish Masih, was killed in police lockup in Sialkot. Fanish Masih, reportedly, had a love affair with a Muslim girl, and the family of that Muslim girl lodged a false case of blasphemy against Fanish Masih and got him killed in the police custody by the very policemen, who were supposed to provide security to Fanish Masih.

This has happened in many cases that police, either got involved in killing of the person facing charges of blasphemy, or they protected and applauded, appreciated, admired, and praised the killer of the person facing blasphemy charges.

A Muslim boy belonging to the butcher family of a village near Faisalabad was instigated by a Muslim teacher named Allah Ditta, to kill a Christian teacher Naimat Masih (Naimat Masih was the most senior teacher in the government school and the most suitable candidate for the headmastership, and Allah Ditta, a Muslim teacher was eyeing that seat, thus, he instigated the boy that Naimat Masih had insulted Prophet Mohammed and should be killed). The boy performed the “Islamic” act of killing the Christian teacher, and was kissed and hugged by the very policemen, who had arrested the murderer boy.

This is also a fact that life is very tough for majority of Pakistanis, but smaller sects of Muslims and religious minorities have to pay double price and have to bear the double brunt. Firstly, on the basis of being poor, and secondly, on the basis of having different beliefs or faiths.

No doubt there are many decent, well-behaved, civilized, pious, and God-fearing Muslims in Pakistan and around the world, who mind their own business and never indulge in any aggressive debate on religious issues, and always respect the faiths and beliefs of all the people around them.

During high school and F.A. and B.A., many Muslim teachers contributed enormously to the educational and personality development and grooming of this appellant, and never gave an impression that they were Muslims and this appellant was a Christian student. They never discriminated against this appellant on the basis of religion. This appellant will always have very high regards for those teachers.

This appellant has many Muslim friends, who are just like brothers to this Appellant. This friendship has been extended over the past 35 years because they have always respected Christian faith of this appellant, have never indulged into any discussion to insult the faith of this appellant, and have never invited this appellant to embrace Islam, let alone compelling this appellant to become a Muslim. They have always commanded respect from the bottom of the heart of this appellant because of their broadmindedness, tolerance, and good human behaviour. They are extremely good Muslims and very good human beings.

A few times it happened that this appellant was hounded by some Muslim fellow co-workers to embrace Islam, and the relations between those Muslim co-workers and this appellant soared and the relations were immediately disconnected. These so called propagators of Islam lost respect in the eyes of this appellant because of their aggressive and coercive preaching.

This is an undeniable fact that majority of Muslims, who (according to Dr. Mubarak Ali) either have converted from the Sudras (the fourth and the lowest caste of Hindus according to the Hindu religion, although this appellant does not agree with this kind of inhuman division of human beings because both Holy Bible and Holy Qur’an clearly declare that every human being, regardless of his/her religion, was created by God Almighty in His own image), or these narrow-minded Muslims have lived under the influence of Hindus during the pre-partition period. The inner Hindu of such extremist Muslims has not died to-date. Or they have not forgotten the persecution and discrimination demonstrated against them by Hindus.

Such Muslims are dominated and misguided by the extremist religious leaders and self-made scholars. They have not been taught true Islam of Prophet Mohammed (PBUH). The extremist religious leaders and self-made scholars, who themselves are unaware of the true spirit of Islam, have kept many Muslims unaware of the very true spirit of Islam.

Such extremist religious leaders and so called scholars present Islam as a religion of horror, terror, bloodshed, mercilessness, and ruthlessness.

They, with their actions and words, are promoting hatred against the Islam of Prophet Muhammed (PBUH).

They are the worst enemies of Islam and Prophet Muhammed (pbuh).

They carry out goondaism in the name of Islam, thus bring a bad name to Islam and Prophet Mohammed.

This appellant has very high regards for the learned and moderate scholars like Javed Ahmed Ghamdi, Dr. Khalid Zaheer, Dr. Muhammed Khalid Masud, Maulana Tahirul Qadri, and few others.

The extremist religious leaders promote hatred and poison against smaller sects of Muslims, and religious minorities of our society, and thus, keep Pakistan backward, ignorant, and underdeveloped.

Professor Karrar Hussain, the former Vice Chancellor, Baluchistan University, Quetta, had once said about these extremist religious leaders that: “They want to Islamize everything except themselves.”

Such extremist religious and their followers, many of them with low social and economic status and poor education, working as peasants, labourers, peons, gardeners etc. continue to believe that Pakistan is a country only created for, owned, and belongs to the Muslims.

Such extremist religious and political leaders and their followers also believe that the religious minorities are just being taken pity on by the Muslims, and are being tolerated and allowed to live in Pakistan, and that the religious minorities do not have anything to do with the affairs of Pakistan, which is supposed to be a country of, and for the Muslims only.

Such extremist religious and political leaders and their followers strongly believe that the religious minorities of Pakistan are not the citizens of Pakistan.

Such extremist religious leaders and self-made scholars love to treat religious minorities, and particularly Christians and Hindus, as the subjects, slaves, and property of the Muslims.

Such extremist religious leaders and self-made scholars treat religious minorities of Pakistan as if the Muslims have conquered the land belonged to the religious minorities, and that the religious minorities of Pakistan are supposed to be treated as a conquered people and zimmis.

Narrow minded Muslims, under the influence of the extremist religious leaders and self-made scholars, feel it to be their sacred duty to insult the religious minorities, their faiths, their prophets, and their holy books.

bb. Extremist religious leaders and self-made scholars and their followers behave in such a manner as if it is their Islamic duty to derogate other faiths and mock and insult the people of other faiths, and the Christians in particular. Such extremist Muslims feel they can do anything to these poor Christians and Hindus because Christian and Hindus are weak, powerless, and have no voice, and also because the state machinery is always there to support the Muslims, who violate the rights of poor religious minorities and even smaller sects of Muslims.

Such narrow minded Muslims and extremist religious leaders and self-made scholars want the people of other faiths to believe in Islam as the narrow minded Muslims and extremist religious leaders and self-made scholars believe, but they themselves want to believe in the faiths of other people as these narrow minded Muslims and extremist religious leaders and self-made scholars want to believe.

dd. It seems that the extremist religious leaders and their followers have been given a license to derogate all other faiths. They constantly and openly pass derogatory remarks against the Holy Bible by saying that “The Bible has been changed, it is not in its original form, it has been cancelled by God, and the Qur’an is the final order of Allah”. Yet no state institution demonstrates its powers to shut the mouths of these extremist religious leaders and their followers.

Your Lordship, if your honour wants to have a feeling and taste of this insult that the poor Christians and Hindus have to go through day in and day out, your lordship should travel, under disguise as a Christian or as a Hindu, throughout Pakistan for a weak or so, and have a taste of this insult.

Especially in South Punjab, many Hindu and Christian girls are abducted and forcibly married by Muslims, and forcibly converted to Islam by extremist Muslims. In such adventures, they get full support of the extremist religious leaders and self-made scholars, local politicians, police, and lower judiciary. But, if a Muslim girl/woman falls in love with a Hindu or a Christian boy/man, such person is immediately killed or trapped in some false case of blasphemy or theft/robbery etc.

The religious minorities are facing large scale discrimination in jobs, at places of work, and in educational institutions. They are not even given their due share of five per cent in jobs. This has had serious effects on the development of the religious minorities. Many parents belonging to the religious minorities do not send their children to schools because they know that their children will not get jobs despite good education. There is also a high dropout rate from schools among the students belonging to the religious minorities.

The religious minorities are hounded by fellow Muslim workers to embrace Islam in their neighbourhoods and at places of work. Thus the members of the religious minorities have to suffer mentally everyday, and they cannot complaint to anyone because they know that the Muslim boss or the head of the institution/department will always side with the Muslim staff members.

This situation has been created due to the Islamic concept of going of a Muslim to heaven by converting a non-Muslim to Islam. This concept is often misinterpreted and coercion and pressure is used by extremist religious leaders and self-made scholars and their followers to convert the non-Muslims to Islam. The same was done with cricketer Yousuf Yohanna (presently Muhammed Yousuf).

The focus of every human being should be on performing acts of piety and goodness rather than converting someone to their religion for going to heaven.

kk. The Hindus are persecuted because of Muslims’ hatred for India, and Christians are persecuted because of British Raj in Indo-Pak (many Muslims believe that the Muslim rule in India was overthrown by the British), and also because of a reaction of Muslims to the American policies. The Pakistani Hindus are often associated with India, and the Pakistani Christians are associated with America and Europe.

The hatred for Christians has increased after the American attacks on Afghanistan and Iraq.

According to Christian faith, God became man and lived on earth as Jesus Christ for thirty-three years. He raised the dead, healed the sick, the lames, and the leprosy patients, and gave sight to the blinds. But, the extremist Muslims do not hesitate to indulge in cheap and dirty talk about the character of Jesus Christ, who is God.

The extremist religious leaders and their followers do not have the mental calibre and capacity to understand the concept of Holy Trinity, yet they ask stupid questions to the illiterate as well as literate Christians around them. They also blame Christians for worshiping three Gods.

oo. This appellant cannot compel anyone to believe in Jesus Christ as this appellant believes in Him. So how can narrow minded Muslims and extremist religious leaders and self-made scholars compel this appellant and many people belonging to different faiths to believe in Islam as the Muslims believe in Islam?

pp. Billions of people belonging to different faiths around the world do not take the faith of this appellant as this appellant does, yet this appellant does not hate them, and will continue to love and pray for them only because they are the creatures of God Almighty.

qq. Luckily, the Gospel teaches this appellant and many Christians to forgive and pray for the persons, who insult Christians and their faith. According to Mathew 26:52 “Then Jesus said to him (Peter), "Put your sword back into its place; for all those who take up the sword shall perish by the sword.” This teaching forces people like this appellant to refrain from violence. The Gospel tells Christians to refrain from having enmities with anyone, hating anyone, and taking revenge on anyone. That is why this appellant will never favour of filing of cases against anyone, who insults the faith of this appellant, Jesus Christ, or The Holy Bible. This appellant will continue to pray and love even those who insult Christian faith, or Lord God, and saviour Jesus Christ.

The extremist religious leaders and self-made scholars cannot even compel all the 72 sects of Muslims to follow, believe in, or adhere to the same interpretation of Islamic teachings. Then how can they compel Hindus, Christians, Jews, Buddhists, Jens, Confucians, Parsis, and Atheists to believe in Islam as the extremist religious leaders and self-made scholars do?

The wrath of the narrow minded Muslims and extremist religious leaders and self-made scholars is not limited to the religious minorities only. This intolerance is being extended to the smaller sects of Muslims like Shia community, and the Agha Khanis (Ismailis) as well.

The intolerance of such narrow minded Muslims and extremist religious leaders and self-made scholars is also targeting the Muslims of their own sect, who have a different school of thought (Maslik), and even those who adhere to a different fiqah or Imam.

The extremist religious leaders and self-made scholars are fatwa manufacturing machines. They declare people of other faiths and smaller sects of Islam as kaffirs and then motivate their followers to kill these “kaffirs”.

They have become so ruthless that first they attack Muharram processtions of Shias, and then they attack the funeral procession of Shias while these funeral processions are on their way to graveyards.

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