Monday, November 14, 2022

Pakistan Court Quashes Blasphemy Charge-- Dreams Are Not Criminal

 In Khan v. Station House Officer, (Lahore High Ct., Nov.11, 2022), a Pakistani appellate court held that Pakistan Criminal Code Sec. 295A that prohibits deliberate and malicious insulting of religious beliefs was not violated by petitioner when he began telling the public that he could fly and that he saw Allah and various of his companions in his dreams. The court said in part:

[T]he offence under section 295-A PPC is not made out. There is no allegation that the Petitioner did anything to offend any group of people or insult their religion or religious beliefs. Furthermore, the Assistant Advocate General could not point out any circumstances that might indicate malice on his part.....

FIR No. 337/2021 accuses the Petitioner of entertaining and propagating blasphemous notions but does not provide any details. He is facing prosecution for claiming that he can fly and for having frequent dreams in which he sees Almighty Allah and some holy figures. As discussed above, scientists have many theories about why dreams happen and their purpose, but they all agree that one can only dream while sleeping. Sleep is a cyclical process. It happens in five stages, each of which contributes to the body’s goal of strengthening and rejuvenation....

Albeit one can have several dreams every night, one cannot control them. A person cannot be prosecuted for what he sees in his dreams or for sharing his thoughts, visions, or emotions during those times with others....

It frequently happens that those accused of blasphemy have a mental condition....

Article 10A of the Constitution and the principle of fair investigation discussed above require that when a police officer investigates an offence, particularly one under Chapter XV of the Penal Code, he should determine whether the accused is of sound mind. He must apply to the competent forum for his psychiatric evaluation if he suspects mental illness.

Dawn reports on the decision.